The prosecutor's appeal is dismissed.

1. Where a conviction becomes final and conclusive in the instant case based on the summary of the grounds for appeal, the Defendant becomes a person subject to registration of personal information pursuant to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the same Act, and such obligation is naturally

Nevertheless, the court below held that the defendant has a duty to submit personal information when the suspended sentence becomes invalidated while rendering a judgment on the suspended sentence of a fine of one million won. In so doing, the court below erred by misapprehending the legal principles on the duty to submit personal information, etc., which affected the conclusion

(Legal Formios). The sentencing of the court below (the suspended sentence of a fine of one million won) is too uncomfortable and unfair.

(F) Determination; 2. Determination

A. As to the assertion of misapprehension of the legal doctrine, whether the judgment of suspended sentence imposed the obligation to register personal information on a defendant for whom the judgment of suspended sentence became final and conclusive due to a sex offense falls under the basic legislative policy issue. However, in the event that the court issues a conviction on a person who committed a sexual crime (excluding suspended sentence) under the main sentence of Article 16(2) and Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Order to Attend and order to complete a program (hereinafter referred to as “order to attend a course or order to complete a sexual assault treatment program”) with regard

Unlike the provisions that exclude suspension of sentence in this conviction, Article 42 (Persons subject to Registration of Personal Information) (1) Article 2 (1) 3 and 4, (2) (limited to paragraph (1) 3 and 4), and Articles 3 through 15 of the Act on the Registration of Personal Information and a sex offense subject to registration referred to in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.