The defendant shall be innocent.

1. On May 16, 2014, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Crimes of Use and Screening of Camers, etc.) at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and registered the personal information on June 26, 2014 as a person subject to registration of personal information for which the judgment became final and conclusive.

A person subject to registration of personal information shall attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and have the head of a police office take the upper right-hand side of the left-hand side and a telegraphic photo and keep it in electronic form.

The Defendant, after registering the first personal information on June 26, 2014, visited the competent police authority to take photographs by June 26, 2016, but did not implement the above-mentioned period until October 23, 2016, even though he/she had to take photographs by visiting the police authority.

2. Determination ex officio is made.

Article 43(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter “former Punishment of Sexual Crimes”) provides that a person subject to the registration of personal information has a duty to attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and to photograph his/her photograph (hereinafter “duty to renew photograph information”), and Article 50(3)3 of the same Act has a penal provision against the said breach of duty.

However, Article 43(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) amended by Act No. 14412, Dec. 20, 2016, after the institution of the instant case, changed the deadline for performing the obligation to renew the photograph to allow a person subject to registration of personal information to attend a police office having jurisdiction over his/her domicile and to photograph his/her photograph from the next year to December 31 of each year when he/she submitted basic personal information. The main text of Article 1 of the Addenda to the Act on the Punishment, etc. of Sexual Crimes (hereinafter “amended Sexual Crimes”), which was amended by Act No. 144