성폭력범죄의처벌등에관한특례법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 3, 2014, the Defendant is a person subject to registration of personal information who was sentenced to a fine of 2.5 million won for the crime of indecent act by force in the Goyang Branch of the District Court on January 3, 201, and the said judgment was finalized on January 15, 20
A person subject to registration of personal information shall submit personal information, such as his/her domicile, occupation, and place of business, to the head of a competent police office having jurisdiction over his/her domicile within 30
Nevertheless, until April 14, 2014, the defendant did not submit the above personal information to the chief of the police station having jurisdiction over the defendant's residence without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. A person subject to registration of personal information;
1. Application of Acts and subordinate statutes to investigation reports (report on suspect's judgment and date of final decision);
1. Relevant Article 50 (3) 1 and Article 43 (1) 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. The defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the punishment provision of this case violates the res judicata principle under Article 13 (1) of the Constitution, the dignity and value as a human being, the right to pursue happiness, and the excessive prohibition principle under Articles 10 and 37 (2) of the Constitution.
However, regardless of the punishment of the crime of indecent act by compulsion committed in the past, the punishment provision of this case punishs the Defendant’s failure to perform the duty to submit personal information under Article 43(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes without any justifiable reason. The registration of personal information on sexual offenders is to protect potential victims and local communities from sexual assault offenders by preventing recidivism of sexual crimes, to guarantee individual sexual self-determination rights, to promote social defense, and to facilitate efficient investigations such as prompt arrest of sexual assault offenders.