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(영문) 서울서부지방법원 2015.10.08 2015노781

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case in light of the following facts: (a) the Defendant, as a person subject to registration of personal information, failed to submit a photograph as a person subject to registration of personal information or to comply with the recording by attending the competent police station; (b) the Defendant failed to submit the changed personal information despite the occurrence of a cause for change of personal information; and (c) the Defendant’s failure to perform his/her duties twice as a person subject to registration of personal information; and (d) the Defendant committed a crime repeatedly by neglecting his/her duties despite having

However, considering the following factors: (a) the Defendant appears to have committed a crime while recognizing all the crimes; (b) there is no criminal record exceeding the fine imposed by the Defendant; and (c) some circumstances to be considered in the course of the crime are favorable to the Defendant; and (d) other conditions of all the sentencing as shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence of the lower

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 5(2) of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 1156, Dec. 18, 2012) is amended to mean " February 18, 201," and Article 5(2) of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) is amended to mean "Article 5(2) of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012)."