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(영문) 창원지방법원 마산지원 2017.08.17 2017고정257

성폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person subject to the registration of personal information.

As the Defendant changed the actual place of residence from C Hospital C in Changwon-si, Changwon-si B on June 27, 2016, the Defendant is required to submit the reason and change thereof to the head of the police office having jurisdiction over his/her domicile within 20 days from the date on which the reason and change occur.

Nevertheless, the defendant did not submit the changed contents of personal information.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written submission of personal information;

1. Copy of resident registration;

1. Results of prisoners’ search;

1. Certificates of entrance and discharge;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a report on investigation results);

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes (Selection of penalty) concerning the facts constituting an offense;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Since the resident registration was cancelled on August 1, 2016 against the alleged defendant, the defendant reported the changed address within 20 days thereafter. Since the defendant was confined to the Changwon prison on July 24, 2016, the defendant was unable to report due to any cause not attributable to the defendant.

2. According to the evidence duly adopted and examined by this court, the Defendant: (a) registered personal information pursuant to Article 43 of the Act on Special Cases Concerning the Punishment of Sexual Crimes on June 22, 2016; (b) entered the actual place of residence into “C Hospital C Hospital C in Chang Man-si B; (c) the Defendant did not return to the said C Hospital on June 27, 2016 without permission; and (d) the Defendant committed an indecent act against the victim D (tentative name and 12 years of age) under the age of July 23, 2016 while drinking alcohol; and (b) was detained on July 23, 2016.

In light of the above facts of recognition, the defendant does not reside in the above hospital any longer.