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(영문) 대구지방법원 서부지원 2018.08.30 2018고정274

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 is a person who is registered as a person subject to registration of personal information after having been sentenced to a two-year final and conclusive judgment of suspension of execution in June due to a forced indecent act committed on June 16, 2016.

A. On January 22, 2014, the Defendant registered a vehicle brand (B) owned by the Defendant at a place of business registered in Daegu Metropolitan City, a Metropolitan City, and registered a motor vehicle (C) around June 5, 2015, but submitted a false basic personal information on July 7, 2017, by failing to enter a motor vehicle owned by the Defendant at the time of submitting the written personal information submission.

(b) Where basic personal information is modified, the defendant shall report the reason and details of such modification to the competent police station within 20 days from the date on which the reason and details of such modification occur.

Nevertheless, the Defendant violated the obligation to submit personal information, such as failing to submit modified information within 20 days without justifiable grounds, even though he/she started to work as a production worker in the Gyeonggi-si Special Metropolitan City Investment Bank (D) from March 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on intelligence investigation and a report on the commencement of internal investigation;

1. A reply to whether a person subject to registration of personal information owns a vehicle;

1. A report on internal investigation (with respect to attachment of personal information submitted by a suspected person A);

1. A report on investigation (Attachment to relevant judgments) and a report on investigation (referring to a report on the change of personal information on a suspect);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a false submission of basic personal information), Articles 50(3)2 and 43(3) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;