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(영문) 인천지방법원 부천지원 2018.12.12 2018고정879

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 June 3, 2009, the Defendant was sentenced to six years of imprisonment by the Seoul High Court for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims.

Where basic personal information is changed, the defendant is obligated to submit the changed information to the head of the competent police station within 20 days from the date on which the reason and details of the change occur.

Nevertheless, even though the Defendant changed his domicile to Gangseo-gu Seoul Metropolitan Government C and 101 on May 18, 2018, the Defendant did not submit the changed details to the head of the competent police station within 20 days from then without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Abstract of the resident registration mark and written submission of personal information;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of suspected criminal suspect, currency and domicile);

1. Article 50 (3) 2 and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the Defendant had already been punished by a fine of KRW 1 million due to the same mistake in the year 2017, but the Defendant made the same mistake.

However, it shows an attitude to recognize and reflect the mistake.

It seems that it is not a malicious crime.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.