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(영문) 부산지방법원 2020.08.20 2020고정594

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

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

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

Reasons

Punishment of the crime

On November 25, 2016, the Defendant rendered a judgment ordering the completion of sexual assault treatment programs at the Busan District Court on April and 40 hours of imprisonment due to quasi-indecent acts, which became final and conclusive on December 3, 2016.

No person subject to an order to complete a program under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall refuse to comply with an order to complete a program issued by the head of a probation office or the head of a correctional institution to implement a program, and shall refuse to comply with an order to complete a program without any justifiable ground after receiving a warning under

Nevertheless, even if the Defendant received a written warning from the Busan Probation Office on July 18, 2018, around September 13, 2018, around April 3, 2019, around August 2, 2019, and around October 17, 2019, the Defendant refused to comply with the request for the order to complete the project conducted by the Busan Probation Office on five occasions without justifiable grounds, even though he/she received the order to complete the project without permission, on October 22, 2019.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of Acts and subordinate statutes on probation cards and a copy of written judgment by the director of Busan Probation Office;

1. Relevant Article 50 (5) 2 and Article 16 (2) 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;