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(영문) 광주지방법원 2018.10.31 2018고정777
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to three years and six months of imprisonment due to an indecent act by force against a minor, etc., and became a person subject to registration of personal information after the sentence became final and conclusive on November 16, 2012, and registered personal information on January 14, 2013.

1. Where personal information is changed, a person subject to registration of personal information shall submit the reason and details thereof to the head of a police office having jurisdiction over his/her domicile within 20 days from the date the reason and details thereof occur

Nevertheless, the Defendant, on October 5, 2016, retired from Korea to the United States and went into Korea on October 19, 2017, and had been living in a house located in the construction site in the Gunpo-si, Militarypo-si, Militarypo-si, Militarypo-si, and even though his/her residence was changed, the Defendant did not submit the changed information to the head of the police office having jurisdiction over the Defendant’s domicile without justifiable grounds until November 8, 2017, within 20 days thereafter.

2. 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 permanent, left-hand, right-hand, and telegraphic, and store and keep them in electronic form;

Nevertheless, the Defendant left the Republic of Korea on October 5, 2016, but entered the Republic of Korea on October 19, 2017 and did not comply with the photographing by attending the police office having jurisdiction over the Defendant’s domicile without justifiable grounds until January 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for cooperation in investigation (such as a family relation certificate), and report on internal affairs (the search and investigation, etc.);

1. Application of the text of the judgment of Gwangju High Court No. 2012No. 336

1. Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 50(3)2 and Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a failure to submit modified information), Article 50(3)3 and Article 43(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a failure to attend a police agency), and selection of fines.

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