The judgment below is reversed, and the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. As to the defendant case

A. Of the facts charged in the instant case, the summary of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance of Secrecy, etc.) (hereinafter “Sexual Punishment Act”) (hereinafter “Defendant”) is to be present at the police office every year from June 15, 2015, as a person subject to registration of personal information, every year from June 15, 2015, in which the Defendant and the applicant for an order to observe the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes”) were required to have his/her personal information preserved on the right upper half of the left side and to keep it in electronic form. However, the Defendant did not appear at the police office without justifiable grounds until June 15, 201

As to this, the court below shall have the head of the police office present at the police office having jurisdiction over the domicile every one year from the date of the initial registration, and have the head of the police office take photographs of his own permanent, left, right half, and telegraphic, and store and keep them in electronic form.

In applying the main sentence of Article 43(4) of the former Punishment of Sexual Violence Act (amended by Act No. 14412, Dec. 20, 2016), which provides that “The above charges shall be convicted.”

B. However, we cannot agree with the above judgment of the court below for the following reasons.

1) Where an act does not constitute a crime due to a change in the law after the crime was committed, the new law shall apply (Article 1(2) of the Criminal Act), and Article 4 of the Addenda to the amended Sexual Violence Punishment Act, which was enforced on December 20, 2016, provides for “Article 43(4) (including cases applied mutatis mutandis pursuant to Article 44(6)), Articles 45(5) and (6), 45-2, and 45-3 of the amended provisions of Articles 45-3 shall be applicable before this Act enters into force (referring to the provisions of Articles 45-2 and 45-3 before the enforcement date under the proviso to Article 1 of the Addenda to the former Act on the Protection of Children and Juveniles against Sexual Abuse) that was convicted of a sex offense subject to registration or a summary order, and finally became a person subject to registration (referring to the former Act on the Protection of Children and Juveniles against Sexual Abuse.