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(영문) 전주지방법원 2018.11.01 2018노1046

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A written submission of personal information by misunderstanding the legal principles may choose whether a person subject to registration consents to the registration of personal information, which shall be deemed as having the right of choice to determine whether to register personal information.

Since the defendant selected the father's consent from the above provision, there is a justifiable reason to refuse to submit personal information.

Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in the misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 1,00,000) is too heavy.

2. Determination

A. Determination on the misunderstanding of legal principles 1) A person who is finally and conclusively convicted of a sex offense subject to registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be a person subject to registration of personal information, and a person subject to registration shall submit personal information within 30 days from the date a judgment becomes final and conclusive in accordance with Article 43(

According to evidence duly adopted and investigated by the court of the lower court, the Defendant was sentenced to eight years of imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse), a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) (Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) (Article 2016 high 512 of the Incheon District Court, January 20, 2017). The judgment became final and conclusive on September 26, 2017 by the Supreme Court, and each of the above crimes constitutes a sex crime subject to registration under Article 42(1) of the same Act, and the Defendant is obligated to submit personal information pursuant to Article 43(1) of the same Act.

2) Article 43(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration must submit personal information in cases of a person subject to registration, and literally registers personal information of the person subject to registration.