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(영문) 수원지방법원 2017.01.26 2016고정1221
성폭력범죄의처벌등에관한특례법위반
Text

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

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

Reasons

Punishment of the crime

[Basic Facts] On August 21, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of indecent act by force at the Suwon Flag Flag on August 21, 2014, and became subject to registration of personal information on the 29th of the same month.

A person subject to registration of personal information shall submit personal information, such as his/her occupation and place of work, contact information, to the head of a police office having jurisdiction over his/her domicile within 30 days from the date the judgment becomes final and conclusive, and where the submitted personal information is changed, he/she shall submit the reason and details of the change to the head of the police office having jurisdiction

On December 23, 2014, the Defendant submitted personal information by stating the mobile phone number “C”, workplace name “D”, and workplace address “Yeung-gu, Gyeonggi-do E” to the head of the Dong-dong Police Station in Yeongdeungpo-gu, Incheon.

[2] Even though the Defendant changed the mobile phone number from “C” to “F” on December 15, 2015, the Defendant did not submit the grounds for and details of the change of contact details as above to the head of the Dong-dong Police Station that accepted the above contact details by January 4, 2016, within 20 days.

Therefore, although personal information has been changed, the defendant did not submit the changed information to the head of the police office having jurisdiction over the defendant's domicile within 20 days from the date of the change.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on internal investigation:

1. A criminal investigation report (in response to a request for provision of communications data);

1. Application of Acts and subordinate statutes to investigation reports (the Ministry of Justice and the Prosecutor's Office's Office reply);

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 Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 43 of the Act on Special Cases concerning the Selection of Fines

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was used by the Defendant at the time of submission of personal information on December 23, 2014.

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