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(영문) 의정부지방법원 고양지원 2017.12.21 2017고정709
성폭력범죄의처벌등에관한특례법위반
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 February 14, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) in the Jung-gu District Court Goyang branch on February 14, 2014, and was registered as a person subject to registration of personal information of a sexual offender on April 30, 2014 and is under management of personal information.

Where the basic personal information is changed, a person subject to registration of personal information shall submit the reason and details of the change to the competent police station within 20 days from the date on which the reason and details of the change occur, and shall have the head of the police agency attend the police station having jurisdiction over his/her domicile by December 31 of each year and have the head of the police station store and keep it in electronic form by photographing his/her permanent, left-hand, right-hand, and telegraphic photo.

Nevertheless, even though the Defendant changed his/her mobile phone number and place of residence on April 11, 2016, he/she did not report the change within 20 days from the date of occurrence of the cause without justifiable grounds, and did not comply with the request of the competent police office to take photographs without justifiable grounds until December 31, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A detailed inquiry about a person subject to personal information;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 50 (3) 2, 43 (3) (which is not submitted with modified personal information), 50 (3) 3, and 43 (4) (which does not comply with the request for photographing) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of each fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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