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(영문) 전주지방법원 2017.12.22 2017고정279
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

The defendant is innocent.

Reasons

1. The Defendant, as a person subject to the registration of personal information, was first registered on April 29, 2014.

A person subject to registration shall attend the police office having jurisdiction over his/her domicile every one year from the date of the initial registration, and have the head of the police office take photographs of his/her own standing, left-hand, right-hand, and telegraphic photo and keep them in electronic records.

Nevertheless, by April 29, 2016, the Defendant did not appear at the police station in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, which had jurisdiction over his/her domicile until April 29, 2016, and did not comply with the photograph of a person subject to registration.

2. Determination ex officio is made.

Article 43(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter “former Punishment of Sexual Crimes”) provides that a person subject to the registration of personal information has a duty to attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and to photograph his/her photograph (hereinafter “duty to renew photograph information”), and Article 50(3)3 of the same Act has a penal provision against the said breach of duty.

However, Article 43(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) amended by Act No. 14412, Dec. 20, 2016, after the institution of the instant case, changed the deadline for performing the obligation to renew the photograph by requiring a person subject to registration of personal information to attend a police office having jurisdiction over his/her domicile and to photograph his/her photograph from the next year to December 31 of each year, if the person subject to registration of personal information submits basic personal information. The main text of Article 1 of the Addenda to the Act on the Punishment, etc. of Sexual Crimes (hereinafter “amended Sexual Crimes”) stipulates that Article 43(4) shall also apply to a person who has become a person subject to registration before this Act enters into force.

Therefore, a person subject to registration becomes a person subject to registration before the Act on Punishment of Sexual Violence enters into force.

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