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(영문) 수원지방법원 2017.03.30 2016노5510
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Although the defendant was not notified by the chief of the police station having jurisdiction over his domicile to submit personal information, the court below found the defendant guilty of the facts charged in this case and erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the criminal defendant was in an economically difficult situation, the sentence of the lower court that sentenced to a fine of KRW 700,000 is too unreasonable.

2. Determination

A. On January 9, 2015, the lower court sentenced the Defendant to a suspended sentence of four months for a violation of the Act on the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place) at the Seoul Central District Court on January 9, 2015 and sentenced to a suspended sentence of one year for the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

9. 21. The judgment becomes final and conclusive, and the notice of personal information subject to registration is served on October 8, 2016 by Suwon-gu Seoul apartment, 203 Dong 1202, which is the Defendant’s residence, and D, which is the Defendant’s child, receives. ② The above notice is submitted to the head of the police office having jurisdiction over the domicile of the person subject to registration, within 30 days from the date the judgment under Article 42(1) of the Act becomes final and conclusive.

Where a person subject to registration fails to submit personal information without any justifiable ground, submits false information, or fails to appear at the competent police office without justifiable grounds, or fails to comply with the above photographing, he/she may be subject to imprisonment for not more than one year or a fine not exceeding five million won.

In light of the facts charged in this case, the fact that the defendant did not perform his duty to submit personal information to the head of the competent police office as stated in the facts charged can be recognized, and the defendant has jurisdiction over his domicile.

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