2017Do584 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance, etc.)

Defendant

Prosecutor

Seoul Eastern District Court Decision 2016No1179 Decided December 22, 2016

April 25, 2019

The appeal is dismissed.

The grounds of appeal are examined.

For the following reasons, the lower court reversed the judgment of the first instance that found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant not guilty. ① The Constitutional Court en banc Order 2015HunMa688 Decided March 31, 2016 (wholly amended by Act No. 11556, Dec. 18, 2012)

In Article 42(1) of the Punishment of Sexual Violence Act, a person who is finally convicted of a crime under Article 13 shall be a person subject to registration of personal information. Article 42(1) of the same Act provides that "The part is unconstitutional." Article 42(1) of the same Act provides that "The Act on Punishment of Sexual Violence, Etc. (Article 50(3)1, Article 43(1), and Article 42(1) of the same Act (Article 52(1) of the same Act) shall apply to cases where a person subject to registration of personal information under Article 42(1) has violated Article 50(3)1 and Article 43(1)."

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on retroactive effect of the decision of unconstitutionality, contrary to what is alleged

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

Justices Jo Hee-de

Justices Kim Jae-in

Justices Min You-sook of the District Court

Justices Lee Jae-hwan