The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

When a conviction becomes final and conclusive in this case, the defendant becomes a person subject to registration of personal information pursuant to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and bears the duty to submit his/her personal information to the head of a competent police agency pursuant to Article 43 of the same Act, and such duty cannot be a subject of suspended sentence

Nevertheless, the court below held that the defendant is obligated to submit personal information when the suspended sentence becomes invalidated while rendering a judgment on the suspended sentence of a fine of five million won. In so doing, the court below erred by misapprehending the legal principles on the duty to submit personal information, which affected the conclusion of the judgment.

(Legal Formios). The sentencing of the lower court (the suspended sentence of a fine of five million won) is too unfluent and unreasonable.

(2) Article 16(2) main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Order to Attend Education and Order to order to complete a program (hereinafter referred to as "order to complete a program") is basically a matter of legislative policy whether the judgment of suspension of sentence will impose the obligation to register personal information on a defendant for whom the judgment of suspension of sentence has become final due to a sex offense, and Article 16(2) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Order to Attend Education and Order to complete a program.

Unlike the provisions that exclude suspension of sentence in this conviction, Article 42 (Persons subject to Registration of Personal Information) (1) Articles 2 (1) 3 and 4, 2 (2) (limited to paragraph (1) 3 and 4), and 3 through 15 of the Act on the Registration of Personal Information and a sex offense subject to registration (hereinafter referred to as "sex offense subject to registration") under Article 2 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.