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(영문) 창원지방법원 밀양지원 2018.06.21 2018고단214
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person subject to registration of personal information on December 27, 2014, who was sentenced to imprisonment for one year with labor for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse in the Changwon District Court’s Smuggling on December 19, 201, and on which the said judgment became final and conclusive on December 27, 2014.

Where a person subject to registration of personal information changes basic personal information, such as an actual place of residence, he/she shall submit the reason and details of the change to the head of the competent police station within 20 days from the date the reason

Nevertheless, the Defendant, from April 26, 2017 to June 2, 2017, was hospitalized in the Dental Hospital located in Kimcheon-si, Kimcheon-si, and was discharged from his hospital. The Defendant resided in the E hospital located in Daegu-si from around that time to November 20, 2017, such as having been hospitalized in the E hospital. On November 21, 2017, the Defendant failed to submit without justifiable grounds to the head of the competent police office within 20 days from November 21, 2017, whose actual place of residence was changed to G hospital located in the G hospital located in the Gyeongsung-gun, Gyeong-si, Gyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on replies;

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

1. Application of statutes governing judgment;

1. Relevant Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes; Articles 50 (3) 2 and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Selection of imprisonment;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of a crime, etc., shall be determined in light of the fact that there was a number of fines for the same kind of crime on the grounds of suspended sentence under Article 62(1) of the Criminal Act, and the sentencing conditions indicated in the records.

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