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(영문) 광주지방법원 2016.01.13 2015고정1659
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

On October 8, 2015, the Defendant was sentenced to eight months of imprisonment with labor due to a violation of the Electronic Financial Transactions Act at the Chuncheon District Court on October 8, 2015, and the judgment became final and conclusive on October 16, 2015.

On September 12, 2013, the Defendant was sentenced to imprisonment of one year and six months, order to disclose and notify personal information for rape, etc. issued by the Gwangju District Court on September 12, 2013 and the judgment became final and conclusive on December 13, 2013.

1. A person subject to registration of personal information shall submit his/her personal information to the head of a police office having jurisdiction over his/her domicile within 30 days after the judgment becomes final and conclusive;

Nevertheless, on December 24, 2014, the Defendant submitted false personal information at the Nanyang Police Station Women’s Juvenile Department Office located in 15, Seoyang-gu, Seoyang-gu, Seoyang-gu, Namyang-gun, Seoyang-gu, 204, and 504, by means of entering “Nanyang-gun D” in the actual dwelling space of the Defendant’s actual dwelling in the submission of personal information, despite the fact that the Defendant’s actual dwelling is located in Gwangju-gu, Seo-gu, 204.

2. Where any personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of such change to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date on which the reason

Nevertheless, the Defendant did not submit the changed residential area to the head of the police office having jurisdiction over the domicile within 20 days, despite the change of his residential area in Seo-gu, Gwangju, 204 Dong 504 around May 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A copy of a letter of personal information submitted;

1. An investigation report (the confirmation of the place of residence on the resident registration);

1. Previous convictions in the judgment: A criminal investigation report (a copy of the judgment of the relevant case and a report on confirmation of the date of confirmation), inquiry of the consolidated case, and the judgment of Chuncheon 2015 Gocheon 724, Gocheon 724;

1. Previous records of judgment: Application of statutes;

1. Article 50(3)1 and Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (including submission of false information).

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