성폭력범죄의처벌등에관한특례법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. On February 9, 2017, the Defendant: (a) moved to Yong-do, Chungcheongnam-do; and (b) made oral notification of the change to the branch office of the Protection Observation Office; (c) made oral notification.
The Defendant breached his duty because he knew of the change information at the regional office of the Protection and Observation Center.
It was thought that the police station did not know that it should be notified of the changed information.
Considering the above circumstances, the Defendant did not recognize the illegality at the time of the instant case, and ought to be deemed to have no intention to commit a crime, which is a subjective constituent element.
Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (500,000 won in penalty) is too unreasonable.
2. The summary of the facts charged in this case, which the court below found guilty, is as follows.
On June 18, 2015, the Defendant is a person subject to registration of personal information who was sentenced to a suspended sentence of six months on the grounds of forced indecent act in the Youngju District Court’s Youngdong branch, and was sentenced to a suspended sentence of two years on June 26, 2015.
Where personal information, such as name, resident registration number, address and real place of residence, occupation and place of business, etc., physical information (key and weight), and the registration number of owned vehicle, is changed, a person subject to registration of personal information shall submit the reason and details of the change to the head of a police office having jurisdiction over the domicile within 20 days from the date on
Nevertheless, the Defendant did not submit the changed information to the head of the police office having jurisdiction over the domicile within 20 days from February 9, 2017, although the Defendant had changed his/her address and actual place of residence in the B Apartment-gun, Chungcheong-gun, 101 Dong 501, C, without justifiable grounds.
3. Determination
A. It is necessary for the Defendant to submit modified information to the competent observation office regarding the assertion of mistake of facts.