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(영문) 인천지방법원 2020.11.27 2020고정484
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person who has been issued a summary order for committing a sexual crime shall refuse to comply with an instruction given by the head of the probation office concerning an order to complete a program.

Nevertheless, on October 25, 2018, the Defendant was issued a summary order of KRW 1 million due to obscene performance by the Incheon District Court, and was ordered to complete a sexual assault treatment program for 40 hours by the head of the Incheon Probation Office on January 14, 2019 and on January 29, 2019, the Defendant refused to comply with an order issued by the director of the Incheon Probation Office on the implementation of the program, even though he/she received an order on the implementation of the program through two occasions. On February 14, 2019 and March 4, 2019, the Defendant refused to comply with the direction on the completion of the program without justifiable grounds, such as failing to receive the order, failing to comply with the re-compliance.

Summary of Evidence

Examination of Police Suspect against Defendant

1. Application of Acts and subordinate statutes to request an investigation to file a report on an investigation;

1. Article 50 (5) 1 and Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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