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(영문) 서울중앙지방법원 2017.02.07 2016고단4660
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2016, the Defendant was sentenced to a fine of two million won and a sexual assault treatment program 40 hours by force at the Seoul Central District Court on February 12, 2016, and the judgment became final and conclusive on February 20, 2016.

Since the judgment became final and conclusive as above, the defendant has to submit the name, resident registration number, address and actual place of residence, location of occupation and workplace, contact information, physical information, and the registration number of the owner vehicle to the head of the police office having jurisdiction over the domicile of the defendant within 30 days from the date the judgment becomes final and conclusive

Nevertheless, the defendant did not submit personal information by March 22, 2016, within 30 days from the date the judgment became final and conclusive without justifiable grounds, in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of a certified copy of a judgment, a person subject to registration of personal information (No. 5 No. 5 in the list of evidence), a copy of a notice to be registered;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the facts of the instant crime and reflects the wrongness; (b) the Defendant appears to have resulted in the instant crime with a vague fear; and (c) the Defendant has no record of having been punished for any other sexual crime except for those subject to punishment for forced indecent act related to the instant case; and (d) the portion of not guilty.

1. On February 12, 2016, the Defendant was sentenced to a fine of two million won for compulsory indecent act at the Seoul Central District Court and an order to complete a sexual assault treatment program 40 hours on February 20, 2016 and the judgment became final and conclusive on February 20, 2016.

The defendant shall sexual assault, which is necessary for the prevention of recidivism.

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