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(영문) 의정부지방법원 2014.07.10 2014고정420

성폭력범죄의처벌등에관한특례법위반

Text

The defendant shall be innocent.

Reasons

1. On September 13, 2013, the summary of the facts charged is that the Defendant was sentenced to imprisonment with prison labor for two years and six months, and four years of suspended execution (the District Court Decision 2013Gohap252), and became a person subject to registration of personal information, which became final and conclusive on September 19, 2013.

A person subject to registration of personal information shall submit the personal information referred to in the subparagraphs of Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the head of a police agency having jurisdiction over his/her domicile within 30 days after the conviction of

Nevertheless, the defendant did not submit personal information to the chief of the Scheon Police Station without any special reason until October 18, 2013, which was 30 days after the above judgment became final and conclusive.

2. We examine the judgment, the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the defendant did not submit his/her personal information to the head of a police station having jurisdiction over his/her domicile within 30 days after the conviction of a sex offense subject to the registration of personal information became final and conclusive. Rather, according to the evidence duly adopted and investigated by this court, the date on which the conviction of a sex offense subject to the registration of personal information of the defendant was final and conclusive shall be September 24, 2013 as stated in the facts charged. Accordingly, the deadline for submission of the personal information of the defendant shall be October 23, 2013, not until October 18, 2013, as stated in the facts charged. However, the defendant may recognize the fact that he/she submitted his/her personal information to the chief of the police station on October 23, 2013, which was the deadline for submission of personal information.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is not guilty under the latter part of Article 325