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(영문) 대구지방법원 김천지원 2013.10.16 2013고정415
아동ㆍ청소년의성보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person with a disability in the third degree of mental retardation, who is currently engaged in labor.

The defendant is a person subject to registration of personal information that was sentenced to a final judgment of one year and six months of imprisonment with labor for the Daegu District Court Kimcheon on September 5, 2009, two years of suspended execution, and one year of probation for a sex offense against a child or juvenile.

Despite the fact that a person subject to the registration of personal information has submitted new photographs every one year from the date of its initial registration, the defendant did not submit photographs on February 25, 201 and did not submit new photographs by February 24, 2012.

As such, the Defendant did not submit modified information without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (a copy of submitted personal information);

1. Articles 48(3)1 and 34(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201) concerning criminal facts

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

1. The defendant and his defense counsel on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that since the pertinent law has been repealed, the judgment of acquittal should be pronounced on the defendant in accordance with Article 1(2) of the Criminal Act and Article 326 subparag.

The provision punishing cases where a person subject to registration of personal information under the Act on the Protection of Children and Juveniles against Sexual Abuse fails to submit a new photographic picture every one year from the date of initial registration without any justifiable reason is amended by Act No. 11572 on December 18, 2012, and the above Act was deleted together with the provision on the duty to submit personal information of a person subject to registration of personal information, registration, management, etc. on the same day. Meanwhile, as the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was amended by Act No. 11556 on the same day, the provision that a person subject to registration of personal information under the previous Act should submit a photographic

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