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(영문) 대법원 2014.11.13 2014도3564
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Articles 42(1), 43(1), and 45(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”) provide that a person whose judgment of conviction 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 the Minister of Justice shall preserve and manage the registered information of the person subject to registration for 20 years from the date of initial registration. Article 43(3) and (4) provides that a person subject to registration shall submit personal information submitted by the person subject to registration to the head of the competent police office within 20 days from the date of initial registration, and shall be present at the competent police office every one year from the date of initial registration and take photographs of the fact that the person subject to registration is a person subject to registration and the person subject to obligation to submit personal information in cases where he/she is declared guilty due to a sex offense subject to registration.

Meanwhile, when a sentence of imprisonment or imprisonment without prison labor for not more than one year, suspension of qualifications, or fine is to be imposed and the circumstances concerned are remarkable, taking into account the matters as prescribed in Article 51 of the Criminal Act, the suspended sentence may be imposed. Such suspended sentence is to be deemed to be acquitted when a judgment of suspension of qualifications or more severe punishment becomes final, or when a prior conviction resulting in suspension of qualifications or more severe punishment is discovered during the period of the suspended sentence, or when two years have elapsed since the date of receiving the suspended sentence without any such reason (Articles 59 through 61 of the Criminal Act). However, the Act on Special Cases Concerning Sexual Violence stipulates a conviction for which an order to attend a lecture and order to complete a program under Article 16

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