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(영문) 수원지방법원 2021.01.21 2020고단1355

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul Southern District Court on February 24, 201, and was sentenced to a suspended sentence of three years on March 4, 201, and became subject to registration of personal information, the said judgment became final and conclusive on March 4,

Where the basic personal information is changed, a person subject to registration of personal information shall report it to the competent police agency within 20 days from the date on which the reason and details of the change occur.

From the end of April 2019 to May 2019, the Defendant moved his/her place of residence to Do in Yasan-si B Apartment-si, the Defendant registered as the address of his/her residence, and the mobile phone number E was terminated on July 14, 2019, and even if he/she joined and used F on December 26, 2019, the Defendant did not submit the address and the changed mobile phone number of the Defendant’s place of residence to the police office having jurisdiction over the police office within 20 days from the date on which the cause of change occurred without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for provision of communication data, replies to family relation certificates, inquiries about personal information, and application of statutes to each investigation report (number 10, 21, 22 of the evidence list);

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. The Defendant, on the grounds of the suspended sentence under Article 62(1) of the Criminal Act, was sentenced to the suspended sentence of imprisonment for sex crimes and failed to report the changes in personal information to the competent police authorities without justifiable grounds, thereby violating legal obligations.

In the past, the defendant committed another same kind of crime even though he/she had a history of criminal punishment four times due to the suspicion that he/she did not report any change in personal information, so there is a lot of possibility of criticism.

However, the defendant is making a confession of all crimes and living in prison for two months in this case.