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(영문) 서울남부지방법원 2020.01.31 2019고정1528
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to mental disorders of class II of intellectual disabilities.

On April 10, 2019, the Defendant was sentenced to four months of imprisonment due to indecent acts by force, etc. by Seoul Southern District Court and one year of suspended execution on April 18, 2019, and such sentence became final and conclusive on April 18, 2019.

A person subject to the registration of personal information shall submit the basic personal information, such as name, address, etc., to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date of

Nevertheless, the Defendant failed to submit his basic personal information within 30 days from April 18, 2019, which became final and conclusive, to the head of the competent police office having jurisdiction over his/her domicile without justifiable grounds, thereby violating his/her duty to register personal information.

Summary of Evidence

1. Partial statement of the defendant;

1. In light of various circumstances, the investigation report (the notification of the list of persons subject to the ex officio registration of personal information of the Ministry of Justice and the judgment related to the judgment) [the counsel] argues to the effect that the defendant has no intention to submit personal information or is not responsible due to mental disorder, mental disorder, etc., the defendant's intellectual disability level, the contents of the written appraisal report submitted by the counsel, the contents of the written appraisal report submitted by the counsel, the personal information registration and the submission of personal information are stated in the judgment, the defendant has already received the written judgment in addition to the written notice on the registration of personal information, and the defendant has already made the registration of personal information related to the crime of indecent act by compulsion in 2018, the defendant appears to have been in a state of mental disorder at the time, but it is difficult to recognize that

1. Relevant Articles of the Act and selective sexual crimes concerning the facts constituting the crime;

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