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(영문) 청주지방법원 2020.10.29 2020고정606

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) at the Cheongju District Court on March 30, 2018 and became subject to registration of personal information finally and conclusive on March 30, 2018.

A person subject to registration of personal information shall report his/her change to the head of the police station having jurisdiction over his/her domicile within 20 days from the date on which the reason for change occurs, such as his/her domicile, workplace, and

1. On November 20, 2019, the Defendant had to report personal information to the competent police station within 20 days after the execution of the sentence was completed, but did not submit a letter of change of personal information regarding the change of his/her residence until December 9, 2019.

2. Although the Defendant opened his/her mobile phone (B) around November 22, 2019, he/she did not submit a written notification on the change to the competent police station within 20 days.

3. On May 1, 2020, the Defendant did not submit a written notification of change of personal information to the competent police station within 20 days, despite the fact that the Defendant was registered as a business operator of ‘C' in his/her name as a manufacturer of manufacturing business.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notice of release of a civil infringement offender, and business registration certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant Article on the facts constituting an offense, and Articles 50 (3) 2 and 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Selection of Sexual Crimes;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act is that the defendant is not well aware that he should submit the changed personal information because he has a disability of class 3 with intellectual disability. The fact that the defendant is aware of his criminal act and then his criminal act is divided later, and the date of the police investigation is changed.