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(영문) 서울중앙지방법원 2017.05.23 2017고정405
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

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

Reasons

Punishment of the crime

On May 15, 2015, the Defendant was sentenced to a fine of two million won due to forced indecent act in Seoul Southern District Court, and the judgment became final and conclusive on May 23, 201, and became a person subject to registration of personal information.

1. If a person subject to registration of personal information is changed, he/she shall submit the reason and details of such change to the competent police agency within 20 days from the date on which the reason and change occur;

Nevertheless, even though the defendant changed his domicile from Gwanak-gu in Seoul to Yeongdeungpo-gu in Seoul on May 4, 2016, he did not submit the changed information to the police office within 20 days thereafter.

2. A person subject to registration of personal information shall attend a competent police office every one year from the date of initial registration, and have the head of a police office take photographs of his/her fixed name, left-hand side, right-hand side, and telegraph, and store and keep them in electronic form;

Nevertheless, on May 19, 2015, the Defendant submitted personal information to the Seoul Yeongdeungpo Police Station located in 608 as the Seoul Yeongdeungpo-gu Seoul National Assembly, and obtained the registration of personal information around June 15, 2015, and did not comply with the photographing because the Defendant failed to appear at the police office of the competent police office on June 15, 2016, which becomes one year from the date of the initial registration, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed inquiry paper about a person subject to personal information;

1. A copy of a letter submitted with personal information or a resident registration abstract;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

1. Article 50(3)2 and Article 43(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016); Article 50(3)3 and Article 43(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016); the selection of fines, respectively,

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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