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(영문) 인천지방법원 2017.07.21 2017고정1304

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 1, 2015, the defendant is a person subject to registration of personal information, the imprisonment of which was determined in one year and six months and suspended due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the Incheon District Court.

1. Although the Defendant has a duty to submit personal information to the head of a police office having jurisdiction over his/her domicile within 20 days due to a change in his/her domicile and residence around October 19, 2015 and around December 29, 2015, the Defendant did not submit such information by November 8, 2015, and January 18, 2016 without justifiable grounds.

2. Until December 31, 2016, the Defendant did not take such photographs without justifiable grounds, even though he/she has a duty to appear at a police office having jurisdiction over his/her domicile and to take photographs of his/her emotional, left-hand, right-hand, and telegraphic body.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (such as the details of the commencement of internal investigation), a report on investigation (the search, etc. of the suspect's whereabouts), and a report on investigation (the search of the suspect's domicile);

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 50(3)2 and 43(3) (referring to the submission of modified personal information), Articles 50(3)3 and 43(4) (referring to the refusal of photographing) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;