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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. On April 6, 2015, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Punishment of Sexual Crimes”) was amended to the effect that the Defendant should take photographs from the year following the first registration date of the sexual crime to December 31 of each year after the date of the first registration date.
The Defendant may not be punished as a violation of the Punishment of Sexual Violence Act, since the Defendant was called by the police officer in charge who requested the photographing on August 31, 2016, and voluntarily appeared and taken photographs and submitted changed information.
B. The sentence of the lower court (hereinafter referred to as 3,00,000 won) is too unreasonable.
2. Judgment on the misunderstanding of legal principles
A. On August 21, 2013, the summary of the facts charged is the person subject to registration of personal information that was registered with the Busan District Court on May 12, 2014, after being sentenced to a fine of three million won due to forced indecent conduct at the Jeonju District Court on March 13, 2014, and the said judgment became final and conclusive on March 13, 2014.
1) If a person subject to registration who has not submitted any changed information is changed, he/she shall submit the reason and details of the change to the head of the police office having jurisdiction over his/her domicile within 20 days of the occurrence of the cause and change.
Nevertheless, even though the registration number of the vehicle owned by the Defendant was changed after the Defendant registered in the name of the Defendant in the name of the Defendant, the Defendant failed to submit it to the head of the Busan Police Station completed the previous week within 20 days from January 26, 2016.
Accordingly, the defendant did not submit changed information.
2) A person subject to registration of personal information in absence of a police office for photographing shall be present at a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and shall have the head of the police office take photographs of his/her permanent, left-hand, right-hand, and telegraphic, and store and keep them in electronic form.
Nevertheless, the Defendant around May 12, 2014.