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(영문) 의정부지방법원 고양지원 2018.05.04 2017고정1171

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 24, 2017, the Defendant received a fine of three million won, 24 hours of sexual assault treatment program order from the Jung-gu District Court due to forced indecent conduct, and on February 1, 2017, the judgment became final and conclusive on February 1, 2017, the Defendant is obligated to submit basic personal information to the head of the police office having jurisdiction over the Defendant’s domicile within 30 days from the date the judgment becomes final and conclusive, and to comply with the direction on the execution of the order by the protection observation officer.

Nevertheless, the Defendant failed to submit basic personal information within 30 days from February 1, 2017 to the head of the police office having jurisdiction over the Pakistan-si, Gyeonggi-do, which is the Defendant’s domicile, without justifiable grounds. On March 20, 2017, the Defendant failed to receive a written request for attendance due to the failure to report and complete the program on March 20, 2017, and failed to appear on May 10, 2017, after receiving a written warning on May 22, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A record card of judgment, request for investigation, and protection;

1. Application of Acts and subordinate statutes to a report on investigation (verification of whether notification is made);

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 50(3)1 and Article 43(1) (which means the failure to submit basic personal information and the selection of fines) against the crime, and Articles 50(5)1 and 16(2) (which means the failure to comply with instructions on the implementation of this order) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order [The defendant and his defense counsel thought that the defendant and his defense counsel should not register personal information because the application for recovery of right of appeal against the subject judgment was in progress, and accordingly, the defendant and his defense counsel also refused to complete the order.