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(영문) 대구지방법원 서부지원 2016.07.29 2016고정329

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 September 4, 2014, the Defendant was sentenced to a suspended sentence of two years and four years on September 12, 2014 by the Daegu High Court to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), and became a person subject to registration of personal information, the judgment became final and conclusive on September 12, 2014.

A person subject to registration of personal information shall submit personal information to the head of a police office having jurisdiction over his/her domicile within 30 days from the date the judgment becomes final and conclusive.

Nevertheless, the defendant did not submit personal information to the head of the police office having jurisdiction over his/her domicile within the deadline without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (in relation to attachment of copies of the written request for investigation, etc., and attachment of such written request for investigation);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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;