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(영문) 제주지방법원 2020.05.22 2018고단1179
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Jeju District Court on December 10, 2015, sentenced one year to imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and two years of suspended execution, and the sentence becomes final and conclusive on December 18, 2015, and became a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes.

A person subject to registration of personal information shall submit the personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date the judgment becomes final and conclusive, and shall submit the reason and details of the change to the head of a police agency having jurisdiction over his/her domicile within 20 days

Nevertheless, even though the Defendant changed his/her residence to the Gyeonggi-do Ansan-si Bel C around December 20, 2017, he/she did not submit the change of personal information within the prescribed period, such as the failure to submit the reason and the change within 20 days from the date of the occurrence of the cause of the change to the head of the police office having jurisdiction over the domicile within 20 days from January 9, 2016 to January 25, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to each communication data inquiry, submission of personal information, comprehensive details of vehicles, register of automobiles and investigation reports (referring to cases of specifying the date of change in the dwelling place);

1. Article 50(3)1, and Article 43(1)3 through 6 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016); Articles 50(3)1, and 43(1)3 through 6: Article 50(3)2 and 43(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 201);

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

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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