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The prosecutor's appeal is dismissed.
Reasons
1. The misapprehension of the legal principle on the grounds of appeal (it is erroneous in the misapprehension of the legal principle and unreasonable sentencing to the effect that a suspended sentence becomes effective only when the suspended sentence is invalidated while notifying the original trial of “registration and submission of personal information”).
2. The judgment of this Court
A. Since a court does not separately impose the duty to submit personal information on a person subject to registration in relation to the assertion of misunderstanding legal principles, it is only meaningful to inform the person subject to registration that he/she should submit personal information.
Therefore, even if the court erred in the scope or content of the duty to submit personal information that was omitted or notified while rendering a judgment of conviction, it does not relate to any matter affecting the judgment.
B. In full view of the following facts: (a) there is no criminal power against the Defendant on the assertion of unfair sentencing; (b) the victim did not want the Defendant’s punishment by mutual consent with the victim; (c) the victim’s reflection; and (d) the Defendant’s age, character and conduct, environment, circumstances leading to the crime; (c) the means and method of the crime; and (d) circumstances after the crime, etc., various sentencing factors specified in the records
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
[On the other hand, even if a judgment of suspension of sentence is rendered on a sex offense subject to registration, the judgment of suspension of sentence becomes final and conclusive and has the obligation to submit personal information as a person subject to registration. However, if a judgment of suspension of sentence is deemed to be acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, only the person subject to registration is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). Nevertheless, the lower court notifies “