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(영문) 부산지방법원 2021.01.20 2020고단4611

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant is a person subject to registration of personal information who was sentenced to a suspended sentence of two years to imprisonment with labor for rape, etc. by the Incheon District Court on July 5, 2014 and the judgment became final and conclusive on July 5, 2014.

Where the basic personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of the change to the head of a police office having jurisdiction over his/her domicile within 20 days from the date the reason

1. Nevertheless, the Defendant did not submit a new information on the change of status to the head of the competent police station within 20 days from the date of occurrence of the cause of change without justifiable grounds, even though his/her address was changed after making a move-in report to Busan B and C around October 22, 2019.

2. Although the Defendant changed his/her mobile phone number to D on October 24, 2019, the Defendant did not submit the changed information to the head of the competent police station within 20 days from the date of occurrence of the change without justifiable grounds.

3. The Defendant did not submit the changed personal information to the head of the competent police station within 20 days from the date of occurrence of the change without justifiable grounds, even though his/her actual place of residence was changed to Busan E or F, on April 2020.

4. On August 8, 2020, the Defendant was employed in Busan Metropolitan Government G and delivery agent business in the first floor of Busan Metropolitan City, and had not submitted personal changed information to the head of the competent police station within 20 days from the date on which the cause of change occurred without justifiable grounds, despite the change of occupation, workplace, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire into persons subject to personal information, such as a report on internal investigation (in cases of confirmation of the change of their resident registration address), a report on investigation (in cases of visit to the suspect's address, etc.), an abstract of the resident registration card, etc.

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crimes and the choice of punishment;