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(영문) 전주지방법원 2018.07.18 2018고정160

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

A person subject to registration of personal information shall submit basic personal information to the head of a police office or a correctional institution, etc. having jurisdiction over his/her domicile within 30 days from the date the conviction of a sex offense subject to registration of personal information becomes final and conclusive

The Defendant was sentenced to eight years of imprisonment on July 25, 2016 for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and was sentenced to eight years of imprisonment on September 26, 2017, and the said judgment became final and conclusive on September 26, 2017, and was transferred to an Ansan Prison, and thus, he/she should submit his/her basic personal information to the relevant warden, despite the need to submit his/her own basic personal information, the Defendant failed to submit the said personal information by October 26, 2017, within 30 days after the said judgment

Summary of Evidence

1. Partial statement of the defendant;

1. A written refusal to submit personal information and a service report;

1. Application of Acts and subordinate statutes reporting a copy of the judgment, previous conviction and results of confirmation;

1. Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime, Article 50 of the same Act and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Fines;

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 of the Provisional Payment Order (the defendant and his defense counsel asserted to the effect that there is a justifiable reason that the defendant failed to perform his duty to submit personal information since the defendant received a request for a retrial after the judgment became final and conclusive, but the judgment that became final and conclusive by the request for a retrial cannot be deemed null and void. Thus, even if the defendant did not perform his duty to submit personal information on the grounds as alleged above,

shall not be deemed to exist.

Therefore, we cannot accept the defendant's and defense counsel's assertion