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The defendant's appeal is dismissed.
The punishment of sexual crimes, etc. in the application filed for the adjudication on the constitutionality of the instant case.
Reasons
1. Summary of grounds for appeal;
A. Article 50(3)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes (hereinafter “Act”) orders the submission of modified information and grounds for change under Article 43(3) of the Act on the premise that information under each subparagraph of Article 43(1) of the Act is changed. The concept of modified information submitted by the Defendant is unclear.
In addition, the defendant's work place is located at a 10-minute distance from his residence, and the defendant's living base is not changed.
Therefore, as long as the defendant did not know the fact that the changed personal information to be submitted pursuant to the above sexual bomb law was caused, there is no criminal intent for the crime of this case, and even if it did, it constitutes a case where there is a justifiable reason as provided in Article 50 (1) 2 of the Sexual bomb Act, it does not constitute a crime.
Nevertheless, the court below which found the above facts charged guilty has erred by misunderstanding of facts and misunderstanding of legal principles.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.
2. Determination
A. The following facts and circumstances recognized by the court of the original instance based on evidence duly adopted and investigated by the court of the original instance, namely, ① A written notice of notification of personal information subject to registration stating that “I will submit modified information within 20 days from the date on which the ground for change occurred if the submitted basic personal information has been changed.” The Defendant submitted a written basic personal information on December 31, 2018 and stated that I will also submit the relevant written document (Evidence No. 16 pages), ② A sexual width law provides that a court shall inform a person subject to registration of the fact that he/she is a person subject to registration and that I should submit personal information pursuant to Article 43 of the Sexual Exposure Act when it declares the judgment (Article 42(2) of the above Act), ③ Article 50(3) of the Sexual Exposure Act.