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(영문) 광주지방법원 순천지원 2018.11.12 2018고정314
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person subject to registration of personal information on March 6, 2015 due to forced indecent conduct.

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

1. On June 5, 2017, the Defendant did not submit personal information to the head of the police office having jurisdiction over his/her domicile until June 24, 2017, within 20 days after changing his/her domicile to Gwangju-si C apartment, 103, which is currently residing in his/her domicile, and the head of the police office having jurisdiction over his/her domicile until June 24, 2017.

2. On or around June 2017, the Defendant retired from office a D company registered with his own personal information, and did not submit personal information to the head of a police agency having jurisdiction over his/her domicile within 20 days, while holding office in a E company from September 25, 2017 to February 6, 2018.

3. The Defendant did not submit personal information to the head of a police office having jurisdiction over the domicile until November 09, 2017, after purchasing a F vehicle, which is currently owned by the Defendant on October 20, 2017, within 20 days.

As a result, the defendant did not submit personal information to the head of the police office having jurisdiction over his/her domicile within 20 days from the date on which the reason for the change of existing personal information occurred, and violated the Special Act on the Punishment of Sexual Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation intelligence report;

1. Application of Acts and subordinate statutes on internal investigation reports (in cases of attaching copies, etc. of letters of personal information);

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the relevant criminal facts and the selection of punishment for each sexual crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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