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(영문) 서울남부지방법원 2017.11.29 2017고단4545

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

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

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to a fine of two million won on May 1, 2015, due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to the registration of personal information, by the Suwon Flag method Board, and became subject to registration of personal information after the judgment became final and conclusive on May 1, 201

A person subject to registration of personal information shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date the conviction of a sex offense subject to the registration of personal information becomes final and conclusive, and where the basic personal information submitted as above is changed, he/she shall submit it to the head of a police agency having jurisdiction over his/her domicile within 20 days

Nevertheless, even though the defendant moved his/her residence to Geumcheon-gu Seoul Metropolitan Government B and 305 on February 10, 2016, he/she violated his/her duty to submit the above changed information and did not submit the changed information without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the judgment;

1. Application of Acts and subordinate statutes to detailed inquiries about persons subject to personal information;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the defendant in the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had previously been punished two times as fines for the same kind of crime, but it again leads to the crime of this case, the nature of the crime is not easy.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession of his/her mistake and reflects, the fact that he/she has no criminal record or more than a suspended sentence, and the conditions of sentencing as shown in the records