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(영문) 서울남부지방법원 2017.03.31 2016고정2949
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On August 21, 2014, the Defendant was sentenced to a fine of three million won due to forced indecent act by a Suwon Franchisor on August 21, 201, and the judgment became final and conclusive on August 29, 2014. The Defendant becomes a person subject to registration of personal information by the final and conclusive judgment, and completed the first registration of personal information with the head of the Seoul Guro Police Station on November 11, 2014.

A person subject to registration of personal information shall attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration and have the head of a police office take photographs of his/her upper half and telegraph and keep them in electronic records.

Nevertheless, until November 11, 2015, after one year from November 11, 2014, the first date of registration, the Defendant did not appear and take photographs in the Seoul Guro Police Station having jurisdiction over the Defendant’s domicile without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (the initial registration of new information and attachment of modified data);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 50(3)3 and Article 43(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016); the selection of fines, etc.

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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