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(영문) 수원지방법원 성남지원 2017.05.24 2017고정302

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

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

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

Reasons

Punishment of the crime

Where the submitted information is changed, a person subject to registration of personal information shall submit it pursuant to paragraph (1) within 20 days from the date on which the ground for such change arises, and shall attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and have the head of the police office take photographs of his/her own permanent, left-hand, right-hand, and telegraphic, and store and keep it in electronic form.

On December 16, 2011, the Defendant was sentenced to a suspended sentence of two years on December 24, 2011, for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Cheongju District Court Support, which became final and conclusive on December 24, 201.

Although the Defendant did not submit a modified information to the competent police station within 20 days, even though he/she had to attend the police station having jurisdiction over his/her domicile every year from December 29, 2011, which was the first date of registration, to store and keep his/her photograph in electronic records, he/she did not take a photograph from January 9, 2015 to August 6, 2016 at the Sungnam Police Station, which is the competent police station, to which one year has passed since the photograph was taken by the Defendant on May 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Details of the automobile tax and a copy of the automobile registration certificate;

1. Application of statutes governing judgment;

1. Article 50(3)3 and Article 43(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the relevant provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the former Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016; hereinafter the same shall apply), Articles 50(3)2 and 43(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the selection of fines, respectively.

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 concerning the order of provisional payment;