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(영문) 광주지방법원 목포지원 2016.08.19 2016고단584
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person subject to registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date on which a judgment under Article 42 (1) of the same Act becomes final and conclusive, and shall not submit any information submitted without justifiable grounds

Nevertheless, on October 28, 2014, the Defendant was sentenced to a fine of KRW 3 million and a fine of 40 hours for a sexual assault treatment program due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the branch court of the Gwangju District Court on Gwangju District on October 28, 2014, and the Defendant failed to submit personal information to the head of the police office having jurisdiction over the Defendant’s domicile within 30 days without justifiable grounds even though the judgment became final and conclusive on July 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment of a written request for investigation by the Ministry of Justice);

1. Article 50 (3) 1 and Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Specific Crimes (Selection of penalty) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking account of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act recognizes and reflects the instant crime for the reason of sentencing, there was no record of punishment for the same kind of crime, some of the circumstances to be considered in the instant crime, and the submission of personal information by themselves after the crime.

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