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(영문) 서울서부지방법원 2019.09.11 2019고정200

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

A defendant shall be punished by a fine of 600,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 1, 2018, the Defendant was sentenced to imprisonment with prison labor and six months in Seoul Western District Court for attempted rape, and three years of suspended execution, and on February 9, 2018, and is subject to the registration of personal information.

If basic personal information is changed, a person subject to registration of personal information has a duty to report such change to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date on which the reason for change and change occur.

Nevertheless, even though the Defendant started to work in the Jongno-gu Seoul Metropolitan Government “C” from February 6, 2018, the Defendant did not submit personal information changed to the chief of the district police station within 20 days thereafter.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of personal information of a suspect, investigation of certificates of employment, judgment, etc.);

1. Relevant Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On February 6, 2018, the date when the duty to submit changed information arises, the Defendant informed the police officer in charge of the changed personal information of the Defendant by walking a phone to the competent police station. At that time, the police officer in charge requested the Defendant to submit a certificate of employment.

Therefore, the defendant stated that "a certificate of employment shall be issued only one month after the date of commencement of work" to the police in charge, and the police officer in charge did not inform the police officer that he/she is obliged to visit the police station to submit changed information.

For this reason, the foregoing is applicable.