logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.02 2019고정7
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant is a person subject to registration of personal information as a person who was sentenced to a fine of two million won by indecent act in the Incheon District Court on May 26, 2018 after having been sentenced to a fine of two million won by indecent act.

A person subject to registration shall submit his/her name, resident registration number, address and actual domicile, location of occupation and workplace, contact information, physical information, and the registration number of his/her vehicle (hereinafter referred to as "basic personal information") to the head of a police agency having jurisdiction over his/her domicile within 30 days

Nevertheless, the defendant did not submit basic personal information to the police agency having jurisdiction over the defendant's domicile until June 25, 2018 after 30 days from the date the above judgment became final and conclusive.

Summary of Evidence

1. Partial statement of the defendant;

1. Court rulings;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation date of the relevant case);

1. Relevant Article 50 (3) 1 and Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. A fine of 1.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Judgment on the assertion of Defendant and defense counsel under Article 59(1) of the Criminal Act of the suspended sentence

1. The summary of the argument is that the defendant is exempted from the duty to submit basic personal information upon being sentenced to a suspended sentence in this case, and is erroneous that the suspended sentence is not invalidated for two years. This constitutes a “justifiable cause” under Article 50(3)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, or a case where the defendant does not be punished under Article 16 of the Criminal Act.

2. Comprehensively taking account of the evidence duly adopted and examined by this court, the defendant was found to have received a notice on the duty to submit basic personal information at the time of being sentenced to a suspended sentence for a crime of indecent act by compulsion on October 26, 2017.

arrow