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(영문) 수원지방법원 성남지원 2018.10.04 2018고정918
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

On December 30, 2014, the Defendant is a person subject to registration of personal information on which the judgment became final and conclusive on May 29, 2015, when he/she was sentenced to imprisonment for a maximum of three years, for a short term of two years, for a short term of two years, for attendance order, and for a duty to register and submit personal information by violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Where any personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of such change within 20 days from the date on which the ground for such change arises;

Nevertheless, even though the Defendant opened a new mobile phone around November 19, 2017 and changed the mobile phone number to B “B”, the Defendant did not submit the above changed details and the reason for the change to the head of the police office having jurisdiction over the address within 20 days thereafter.

2. Where any personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of such change within 20 days from the date on which the ground for such change arises.

Nevertheless, despite the fact that the Defendant was employed on January 2018 and the workplace name and workplace address were changed to “C” and “Gju-si D”, the Defendant did not submit the above changed details and reasons for the change to the head of the police office having jurisdiction over the domicile within 20 days thereafter.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to data on communications, investigation reports (verification of the occurrence of obligation to register personal information), relevant lists of cases, judgments, sentences, investigation reports (verification of the details of the change of personal information), registration of personal information, and details of the change thereof;

1. Relevant Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, the selection of fines (the punishment shall be determined in consideration of the developments leading up to the detection and recognition thereof, etc.);

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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