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(영문) 인천지방법원 2017.07.20 2017고정809

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

The Defendant was sentenced to a fine of three million won for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) at the Seoul Western District Court on August 14, 2014, and was sentenced to a fine of three million won on August 22, 2014 by the said judgment, which became final and conclusive on August 17, 2014 to October 14 of the same year.

In cases of persons, etc. whose conviction or summary order has become final due to a sex offense subject to registration, they shall submit the basic personal information to the head of the police agency or the head of the correctional institution, etc. having jurisdiction over their domicile within 30 days from

The defendant, as a person subject to registration of personal information, failed to perform his/her duties despite the submission of basic personal information to the warden within 30 days from August 22, 2014, which became final and conclusive in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the investigation report (the confirmation of Defendant A’s past record);

1. Article 50(3)1 and Article 43(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016); the selection of fines, etc.

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;