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(영문) 수원지방법원 성남지원 2018.07.20 2018고정613
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

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

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (such as gender purchase), and the judgment became final and conclusive on June 15, 2012.

Where the basic personal information submitted is changed, any person subject to registration of personal information shall submit the reason and details of the change to the head of a police agency having jurisdiction over the place of residence within 20 days from the date on which the reason and details of the change occur, and shall have the head of a police agency present at a police agency having jurisdiction over the place of domicile and keep it in electronic form by December 31 of each year from the following year by photographing his/her own fixed name, left-hand side, right-hand side and telegraphic photo.

Nevertheless, on December 22, 2016, the Defendant changed the Defendant’s address and actual place of residence to Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and on August 16, 2017, the Defendant failed to submit a changed information to the head of the police office even after the lapse of 20 days, even though the Defendant’s vehicle changed to C around August 16, 2017. On April 19, 2016, the Defendant appeared at the police office having jurisdiction over the Defendant’s domicile and taken photographs, and did not take photographs without the presence of the police office on December 31, 2017 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation (report on confirmation of sexual assault crimes) and judgment;

1. An investigation report (in cases of submission of a chassis or a certified copy of resident registration, etc.);

1. Application of Acts and subordinate statutes concerning records of inspection by a person subject to registration;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 50 (3) 2 and 43 (3) (in the absence of any changed information) concerning criminal facts, and Articles 50 (3) 3 and 43 (4) (in the absence of, and non-compliance with, police agencies) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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