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(영문) 서울남부지방법원 2014.04.03 2013노2092
아동ㆍ청소년의성보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant asked related agencies such as the Supreme Court about the period for submission of personal information and submitted personal information according to the result. Thus, the defendant's failure to submit personal information within the fixed period due to the error of law under Article 16 of the Criminal Act is not punishable.

Nevertheless, the court below erred by misapprehending the legal principles, thereby finding Defendant guilty.

2. A person subject to registration of personal information of judgment shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 40 days after the conviction is finalized due to a sex offense against a child or juvenile;

However, as the court below decided on February 8, 2013, the defendant was convicted of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and became a person subject to registration of personal information, and the defendant was the same year.

3.2. The notification of personal information to a person subject to registration, served by the Supreme Court, states that “within 40 days from the date the judgment became final and conclusive” shall be submitted to the chief of the competent police station.

Therefore, even if the defendant knew that he would be required to submit personal information within 40 days from the date on which he received the notice of the Supreme Court, it is merely a simple legal site that failed to properly grasp the provisions and details of the Act on the Submission Period of Personal Information, and it does not constitute a mistake of law because he did not actively perceive that his act is not permitted by the law and is not a crime, and there is no justifiable reason for the defendant to neglect the above submission period.

For this reason, the court below's decision of conviction is just, and it is so argued by the defendant.

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