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(영문) 대법원 2017.06.15 2017도5441
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The first instance court maintained by the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the instant facts charged, and did not impose a duty to submit personal information on the Defendant, but only inform the Defendant that he/she would become a person subject to registration of personal information pursuant to Articles 42 and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, upon which the conviction becomes final and conclusive.

Therefore, an appeal to the effect that the registration of personal information is improper is not a legitimate ground for appeal as stipulated in Article 383 of the Criminal Procedure Act, because it concerns matters that do not affect the conclusion of the judgment.

Meanwhile, the argument that the confiscation of seized articles is illegal among the grounds for appeal is not a legitimate ground for appeal against the judgment below, since the defendant asserts that it is not subject to the judgment by the court below on the grounds of appeal or that it is not subject to the judgment by its own authority.

In light of the records, there is an error of law that affected the judgment of the court below due to the grounds of appeal, such as the allegation of grounds for appeal.

subsection (b) of this section.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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