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(영문) 대전지방법원 서산지원 2020.04.29 2019고정360

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person subject to the registration of personal information shall submit the basic personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date the conviction becomes final due to a sex offense subject to the registration, and shall not submit or falsely submit the basic personal information

Nevertheless, the Defendant, at the Seosan Branch of the Daejeon District Court on January 9, 2019, was sentenced to imprisonment with prison labor for ten months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and on September 3, 2019, the said judgment became final and conclusive on September 3, 2019, but did not submit the basic personal information to the head of the police office without justifiable grounds until October 3, 2019, for which 30 days have passed since the date of conviction became final and conclusive.

Summary of Evidence

1. Partial statement of the defendant;

1. Notifying a list of persons subject to ex officio registration of personal information;

1. Criminal history records, reply reports, and written judgments (the defendant asserts that he/she was aware that he/she completed the registration of personal information while registering DNA. However, even though the defendant was notified of the information subject to the registration of personal information in a criminal trial, it does not seem that the information and the method of registration are confused with the registration of personal information different from that of DNA. The defendant's assertion is groundless). The application of statutes is without merit.

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;