The prosecutor's appeal is dismissed.

1. It is difficult to view that the final and conclusive judgment became retroactively extinct due to the recovery of the right to appeal from the gist of grounds for appeal.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the facts charged.

2. Determination

A. The summary of the facts charged is that the Defendant, on May 14, 2014, sentenced a fine of 2 million won and 40 hours to complete a sexual assault treatment program (hereinafter “instant judgment”) in the vice-supporting branch of the Incheon District Court, from the Incheon District Court, to a fine of 2 million won and 40 hours, on May 22, 2014 (hereinafter “instant judgment”), and stated that the second sentence below on May 22, 2014 as “No. 22, 2015.” However, this appears to be a clerical error.

It is the person for whom the punishment has become final and conclusive.

In such cases, although the defendant submitted personal information to the head of the police station having jurisdiction over his/her domicile within 30 days from the date, he/she did not submit personal information to the head of the police station having jurisdiction over his/her domicile by June 21, 2014 without justifiable grounds.

B. The lower court rendered a judgment that acquitted the Defendant pursuant to Article 325 of the Criminal Procedure Act, since the facts charged are not a crime or there is no proof of a crime, as follows.

1) Article 43(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date the judgment becomes final and conclusive, and Article 50(3)1 of the same Act provides that a person who fails to submit information to be submitted without justifiable grounds, in violation of Article 43(1) of the same Act, shall be punished by a fine not exceeding one year, or by a fine not exceeding five million won. (2) According to the records, the defendant was sentenced by public notice on May 14, 2014 and the judgment of this case was stated as “in May 22, 2015” on May 22, 2014, the second sentence of the lower judgment stated as “in May 22, 201