(영문) 인천지방법원 2012.11.16 2012노2646 | 리걸엔진

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(영문) 인천지방법원 2012.11.16 2012노2646

아동ㆍ청소년의성보호에관한법률위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant of the fact that the defendant had a duty to report the change because he had been living in B and F while living in B and F, was not the change of his domicile or actual place of residence, and even though he could not submit a report of change because he could not submit his current occupation or place of work, the court below erred by misunderstanding the fact, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.

2. Determination

A. In a case where a person subject to registration of personal information which was finally found guilty of a sex offense against a juvenile on March 25, 2010 and the personal information already submitted is changed, the defendant was obligated to submit the changed information to the head of the police agency having jurisdiction over his/her domicile within 30 days from the date on which the cause of change and change occur, but his/her domicile around October 23, 201 was changed from “Incheon-gu, Incheon-gu, Seoul, and the workplace was changed from “D” to “non-performance of office,” the defendant did not submit the changed information within 30 days from the date on which the cause of change occurred without justifiable grounds.

2) According to the evidence duly adopted and examined by the lower court, the Defendant: (a) was sentenced to imprisonment on December 24, 2009 with labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (a crime of minor rape, etc. under the age of 13, and on March 25, 2010, and the said judgment became final and conclusive on March 25, 2010; and (b) the Defendant submitted a personal information submission document to the head of the Ansan Prison, where he/she was a person subject to registration of personal information under the said Act; and (c) on April 6, 2010, the Defendant prepared a personal information submission document on September 27, 201, and submitted it to the head of the Acheon Prison Prison, where he/she was under guard, and the

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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