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(영문) 대법원 2016.08.25 2016도9290
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 42(1) and Article 43(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provide that a person whose judgment has become final and conclusive due to a sex offense subject to registration shall submit personal information to the head of the competent police office within 30 days from the date the person subject to registration becomes final and conclusive, and Article 42(2) of the same Act provides that the court shall inform the person subject to registration of the fact that the person subject to registration is a person subject to registration and the person subject to registration is not subject to submission of personal information

As such, a court does not separately impose the duty to submit personal information on a person subject to registration, and a court that declares a conviction is only meaningful to inform the person subject to registration that he/she is unable to submit personal information.

Therefore, the argument in the grounds of appeal to the effect that the basic provision on the registration of personal information related to the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes violates the Constitution by infringing on the principle of excessive prohibition or proportionality, and thus is not a legitimate ground of appeal.

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

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