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(영문) 대법원 2017.05.31 2017도2566
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, with respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Observance of confidentiality, etc.) due to the absence of the competent police office by May 29, 2016 among the facts charged in the instant case, Article 43(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016; hereinafter “former Punishment of Sexual Crimes”) provides that “where a person subject to registration submits basic personal information pursuant to paragraph (1) of this Article, he/she shall be present at the police office having jurisdiction over his/her domicile from the following year to December 31 of each year and have the head of the police office keep his/her image on the left side, back side, and telegraphic photo in electronic form.

Article 43(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) shall apply to the amendment as follows: (a) the person subject to registration of personal information is subject to reflective consideration of the uncertainty at the time when he/she is required to attend a police office or to store pictures; and (b) the judgment of the court of first instance that found him/her guilty on the ground that this part of the facts charged constitutes “where the act does not constitute a crime due to the change of law after the crime,” and thus, constitutes “where the act does not constitute a crime due to

2. (1) When an act does not constitute a crime due to a change in the law after the crime was committed, the new law should be applied (Article 1(2) of the Criminal Act), and Article 4 of the Addenda to the amended Sexual Violence Punishment Act enforced on December 20, 2016 is “Article 43(4) (including cases applied mutatis mutandis pursuant to Article 44(6)), Article 45(5) and (6), Article 45-2, and Article 45-3 of the Addenda to the amended Sexual Violence Punishment Act, prior to the enforcement of this Act (the amended provisions of Articles 45-2 and 45-3 refer to the period prior to the enforcement of Article 1 of the Addenda).

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