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(영문) 인천지방법원부천지원 2020.08.14 2020고단658

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 11, 2014, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and became subject to registration of personal information after the said judgment became final and conclusive on April 19, 2014.

If a person subject to registration of personal information is changed, he/she shall submit the changed information to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date the reason and details of the change occur.

Although the Defendant had changed his domicile to B building C on January 3, 2020, the Defendant failed to submit changed information within 20 days without justifiable grounds.

Summary of Evidence

1. The application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant in his/her legal statement - the resident inquiry protocol of the defendant - a copy of the revised personal information submission document (as of January 28, 2020), a copy of the resident registration card and a certified copy of the investigation report (as of January 28, 2020, including the process of receipt of the suspect case, order inquiry of the suspect, copy of the

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (U.S.) and the selection of imprisonment with labor;

1. With respect to the crimes of violation of the Act on the Punishment, etc. of Sexual Crimes on the Grounds of Sentencing under Article 62 (1) of the Criminal Act (Confidentiality, etc.), no sentencing guidelines shall be set;

Although the Defendant changed his domicile on January 3, 2020, the instant crime is deemed to have reported a change of domicile on or around January 28, 2020, and in itself, the case may be deemed to be minor. However, the Defendant, in 2016, imposed a fine of two million won on the crime of violation of the Act on the Punishment, etc. of Sexual Crimes (Confidentiality, etc.) (i.e., “a failure to take photographs without reporting a changed address and contact address”) and “a failure to take photographs” in 200,000 won and “a failure to take photographs” in 2019, as a crime of violation of the same Act.