The defendant shall be innocent.

1. On May 14, 2015, the Defendant was sentenced to a fine of two million won for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Seoul East District Court (Seoul Eastern District Court) and the judgment became final and conclusive on April 8, 2016.

Where the basic personal information is changed, any person subject to registration of personal information shall submit the reason and details of the change to the head of the competent police office within 20 days from the date on which the reason and change occur.

Nevertheless, even if the Defendant scrapped B-owned vehicles under the Defendant’s name on February 9, 2017, the Defendant did not submit the reason and details of the alteration to the basic personal information to the head of the competent police office within 20 days without justifiable grounds.

2. Article 50(3)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act”) provides that a person subject to registration of personal information shall be subject to criminal punishment from time to time to time to submit the reason and details of the change in order to restrain recidivism of a sex offense and enhance the efficiency of investigation during re-offending. It is difficult to readily conclude that a person subject to registration of personal information infringes on the general freedom of action of the person subject to registration of personal information in terms of legitimacy of the purpose and means thereof, suitability of the means thereof, minimum infringement of legal interests, and balance of legal interests. However, it is difficult to readily interpret the scope of modified information to be submitted in consideration of the following: (a) the fact that a person subject to registration of personal information is not provided with less infringing alternative means, and is uniformly punished for all breach of duty without providing any means

With respect to the instant case, a health team, and the Defendant registered the registration number of a vehicle owned by a person subject to registration of personal information as a basic personal information pursuant to Article 43 (1) 7 of the Act, but scrapped the said vehicle on February 9, 2017, pursuant to Article 43 (3) of the Act.