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(영문) 인천지방법원 2017.06.08 2016고정3510
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person subject to registration of personal information who was sentenced to a fine of two million won by the Incheon District Court on November 26, 2015 due to forced indecent conduct.

A defendant shall submit personal information to the head of a police office having jurisdiction over his/her domicile within 30 days from the date a judgment becomes final and conclusive.

Although the defendant was obligated to submit personal information within 30 days after the above judgment became final and conclusive on December 4, 2015, he/she failed to submit personal information to the head of a police office having jurisdiction over his/her domicile.

2. Where a person subject to registration of personal information under Article 42(1) of the Punishment of Sexual Crimes Act is found guilty of a sex offense subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), he/she shall submit the basic personal information to the head of a police office having jurisdiction over his/her domicile within 30 days from the date the above judgment becomes final and conclusive (Article 43(1) of the Punishment of Sexual Crimes Act), and Article 50(3)1 of the same Act provides that a person subject to registration of the relevant personal information fails to perform his/her duty to submit the said personal information.

According to the records, a conviction of a sex crime (the judgment of the Incheon District Court 2014 High Court 9118 High Court 2014 High Court 2018 High Court hereinafter "the judgment of this case") which is subject to the registration of personal information of the defendant as stated in the facts charged of this case shall be finalized on November 26, 2015. However, in the appellate court filed as a result of the decision of acceptance of the above application in the recovery of the right of appeal filed by the defendant against the judgment of this case, the appellate court rendered a ruling dismissing the defendant's appeal on September 13, 2016, and it is recognized that the judgment of this case became final and conclusive on September 23, 2016.

According to the above facts, the judgment of this case became final and conclusive on September 23, 2016, and thus, the personal information of the defendant pursuant to Article 43 (1) of the Punishment of Sexual Violence Act.

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