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(영문) 청주지방법원 제천지원 2016.05.12 2016고정7
성폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to a fine of KRW 3,00,000 (an order to attend a lecture for treatment of sexual assault for 40 hours) as an indecent act committed by force by the Seoul Central District Court, and the said judgment became final and conclusive on September 30, 2015.

As above, Defendant was convicted of committing an indecent act committed against a sex offender and became subject to registration of personal information, and Defendant failed to submit personal information to the head of the Incheon Police Station having jurisdiction over Defendant’s domicile until October 30, 2015 without justifiable grounds, even though he/she submitted his/her personal information to the head of the police office having jurisdiction over his/her domicile within 30 days from the date the judgment becomes final and conclusive

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Investigation reports (Attachment of Certificate of Service, etc.), investigation reports (verification of whether related judgments have become final and conclusive);

1. A written judgment, a written notice and a service certificate of a person subject to registration;

1. A written submission of new personal information and an abstract of resident registration;

1. A written inquiry into an integrated case, and the application of statutes to the details of proceedings of the case No. 11456;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant was exempted from the order of disclosure and notification of personal information in the case of forced indecent conduct as stated in the facts constituting the crime in the judgment, and thus, the Defendant did not know that he should register personal information, and the notice of “person subject to registration of personal information” in the 18th page of the investigation record was received.

Therefore, there is a justifiable reason that the defendant could not submit personal information to the head of the Incheon Police Station by October 30, 2015.

2. Determination

(a) a conviction for a sex offense subject to registration, not separately imposed by the court that shall submit personal information;

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