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(영문) 서울동부지방법원 2016.10.18 2016고정1146

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to a fine of three million won due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Space), and on December 5 of the same year, the Defendant is a person subject to registration of personal information as the final and conclusive person on December 5 of the same year, and where submitted information is changed, he/she shall submit it to the head of the police station having jurisdiction over his/her domicile within 20 days from the date of occurrence of the cause of change, and shall have the head of the police station present at the police station having jurisdiction over his/her domicile every one year from the date of the initial registration and have the head of the police station store and keep it in electronic form

Notwithstanding the fact that the Defendant moved his/her residence to the Crossing-gun, etc. from Gangdong-gu Seoul Metropolitan Government on October 31, 2015, he/she failed to submit changed information by November 19, 2015, the deadline for submission of changed information. On February 19, 2016, the date of registration of his/her photograph, the Defendant was present at the Gangnam Police Station and did not respond to photographs.

Accordingly, the defendant violated his duty to submit changed information, and did not comply with the photographing on the registration date without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of resident inquiry or resident registration;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgments in violation of the Act on Special Cases concerning Sexual Violence against Suspects);

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 50 (3) 3 and 43 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 50 (3) 3 and 43 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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