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(영문) 서울북부지방법원 2014.08.12 2014고정1279
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to a fine of five million won by force from the Seoul Northern District Court for the crime of indecent act by force, etc., and the same year.

9. 24. Punishments became final and conclusive

The written indictment shall be sentenced to a fine by force on September 12, 2013 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

9. Although the judgment is written on September 12, 2013, according to evidence, the date of the judgment of the appellate court that dismissed the defendant's appeal and the date of the judgment of the first instance court that sentenced a fine of five million won on June 14, 2013 is not a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion) but a fine was imposed on September 24, 2013 by force under the Criminal Act, and the judgment became final and conclusive on September 24, 2013.

However, in this case where only the intention or legitimate reason exists, there is no substantial disadvantage to the defendant's defense right, and it is recognized as stated in its decision without any changes in indictment.

(hereinafter referred to as “related sex offense case.” The Defendant did not submit personal information to the head of the competent address police office by October 21, 200, within 30 days after the above judgment became final and conclusive.

Summary of Evidence

1. Partial statement of the defendant;

1. Requests for verification as to whether personal information is submitted;

1. A copy of the written submission of personal information;

1. Inquiry into personal information of sex offenders;

1. Copy of the judgment of the Seoul Northern District Court 2013 Godan625 and third protocol of trial; and

1. Application of Acts and subordinate statutes to the Seoul Northern District Court Decision 2013No805 and the second protocol of trial;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination of the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act, and the defendant and defense counsel in the reason of sentencing are notified of the submission of personal information in the first instance of the relevant sex offense case.

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