beta
(영문) 부산지방법원 2018.08.22 2018고단271

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant is a person subject to registration of personal information, who was sentenced to imprisonment with prison labor and for one year and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Busan District Court on July 13, 2012, which became final and conclusive on July 21, 2012, and completed the execution of the sentence on July 30, 2013.

A person subject to registration of personal information shall attend a police office having jurisdiction over his/her domicile by December 31 of each year and have the head of a police office take photographs of the upper right-hand side and a telegraphic photo on the left-hand side of his/her fixed body and keep it in electronic form.

1. The Defendant was present at the police office having jurisdiction over his/her domicile in the year of 2016 and did not have his/her photograph preserved and stored in electronic records until December 31, 2016, without good cause.

2. While the Defendant was present at the police office having jurisdiction over his/her domicile until December 31, 2017, the Defendant did not have his/her photograph preserved and stored in electronic records until December 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

2. Statement made by the police against C;

3. Copies of each summary order and judgment.

4. Written inquiry and reply.

5. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Article 50 (3) 3 and Article 43 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment for each sexual crime;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article, of which the circumstances are heavier).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Determination as to the assertion between the defendant and his defense counsel under Article 62-2 of the Criminal Act of the Protection Observation Order

1. The Defendant, as a person subject to registration of personal information, was unaware of the fact that he/she had to photograph his/her photograph at the police office every year and keep it in electronic records.

2. Determination

(a) sexual crimes;