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(영문) 대전지방법원 공주지원 2018.11.09 2018고정70

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal record] On July 24, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on October 15, 2018.

[2] The Defendant is a person subject to registration of personal information on May 14, 2015, who was sentenced to eight months of imprisonment by the Jeonju District Court on March 13, 2015 due to forced indecent act, etc., and such judgment becomes final and conclusive.

Where the basic personal information submitted 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 agency having jurisdiction over his/her domicile within 20 days from the date the reason and details of the change occur, and where the basic personal information is submitted, the head of a police agency having jurisdiction over his/her domicile shall be present at the police agency having jurisdiction over the domicile from the following year to December 31 of each year and shall have the head of the police agency store and keep the personal information in electronic form by photographing his/her own

Nevertheless, despite the fact that the Defendant was released from the Mana prison on June 20, 2017 and the place of actual residence was changed to B, the Defendant did not submit the changed information to the head of the police office within 20 days without justifiable grounds. By December 31, 2017, the Defendant did not attend the police station and take photographs without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed inquiry about a person subject to personal information;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment of judgment and summary order), application of Acts and subordinate statutes of final and conclusive judgment;

1. Article 50 of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (3) 2 and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to the submission of modified personal information), Articles 50 (3) 3 and 43 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The Criminal Act to attract a workhouse;