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(영문) 서울북부지방법원 2019.11.28 2019고정1418

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

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

On October 23, 2009, the Defendant was sentenced to seven years of imprisonment by the Seoul Central District Court for violating the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.). On January 15, 2010, the said judgment was finalized by the Seoul High Court, and the personal information was first registered on November 26, 2014.

Where the basic personal information submitted is changed, a person subject to registration of personal information shall submit a changed information to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date

Nevertheless, on April 25, 2019, the Defendant did not submit the changed information to the head of the competent police office within 20 days from the date on which the reason for the change occurred, even though the obligation to report was created by selling the Cuba car owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation intelligence;

1. A report on investigation and the submission, etc. of personal information attached thereto;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

1. Relevant Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. There is room to view that the sale of an existing owner of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order could not be accurately aware of the occurrence of obligation to report even on the sale of the vehicle, and other factors for sentencing specified in the records and arguments of this case, including the Defendant’s age, occupation, environment, and circumstances before and after the crime, shall be determined as ordered