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(영문) 춘천지방법원 강릉지원 2021.02.18 2020고정225

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

[criminal records] On April 24, 2020, the Defendant was sentenced to one year and six months of imprisonment with labor due to special injury at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on August 21, 2020.

[Criminal facts] On October 8, 2015, the Defendant was sentenced to one year and six months of imprisonment for quasi-rape, two years of probation, 40 hours of attending a sexual assault treatment education, 80 hours of community service order.

Defendant was convicted of a sex offender on October 16, 2015 (2015 Gohap 46) by the Chuncheon District Court (2015 Gohap 46) and received a written notice as a person subject to the registration of personal information.

After registering personal information, the defendant must submit the reason and details of the change within 20 days from the date on which the reason for the change occurred, if the personal information is changed.

1. Even if the Defendant failed to submit information on change of address, the Defendant failed to submit the changed personal information to the police agency within 20 days, which was the submission period, even though he/she moved from the building C to the Michuhol-gu Incheon Metropolitan City building B, which was the seat of the relocation address, to the police agency within the 20-day period.

2. Even though the mobile phone number (F) used on December 23, 2019 was changed, the Defendant failed to submit changed personal information to the police office within 20 days, the submission period.

Accordingly, the defendant violated the obligation to submit personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Information on the registration of a person subject to registration of personal information, a report on the investigation of a copy of a resident registration slip (report on attachment of a criminal suspect's same record

1. Previous convictions in judgment: References to inquiries, such as criminal history, report on investigation (report on confirmation of the fact that a suspect is pending in trial), text of judgment, and application of the summary information-related statutes;

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39 Section 1.1.