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(영문) 인천지방법원 2018.09.14 2018고정1937

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A person subject to registration of personal information in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall have the duty to submit personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date a judgment becomes final and conclusive pursuant to Article 43 (1)

As of April 1, 2017, the Defendant was finally and conclusively sentenced to a fine of KRW 7 million, and 40 hours of sexual assault treatment lectures at the Seoul High Court due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), and the Defendant submitted personal information to the head of the Incheon Jung-gu Incheon District Police Station having jurisdiction over Jung-gu, Incheon, by May 1, 2017, but did not submit personal information.

Accordingly, the defendant violated the duty to submit personal information.

Summary of Evidence

1. Statement by the defendant in court;

1. Commencement report of internal investigation:

1. Application of Acts and subordinate statutes, such as a written request for investigation by the Ministry of Justice and a written notice;

1. Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime, Article 50 of the same Act and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Fines;

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

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