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(영문) 서울동부지방법원 2017.12.08 2017고정1500
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

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

Reasons

Punishment of the crime

On May 30, 2014, the Defendant is a person subject to registration of personal information on which the said judgment became final and conclusive after having been convicted of rape in a branch of the Chungcheong District Court.

1. No person subject to registration of personal information shall submit any false personal information;

Nevertheless, around October 13, 2015, the Defendant submitted new information at the Seoul Songpa-gu Seoul Police Station located in 221, as Seoul, and entered it into “Seoul Songpa-gu B”, which is an address that does not actually reside in the domicile.

2. A person subject to registration of personal information shall be present at a police office having jurisdiction over his/her domicile by December 31 each year from the following year after submitting basic personal information and shall take photographs of his/her permanent address, left-hand side, right-hand side, and telegraphic body to store and keep them in electronic form.

Nevertheless, the Defendant submitted personal information on October 13, 2015 and failed to comply with the photographing by failing to appear at the competent police office without justifiable grounds until December 31, 2016 of the following year.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the registration of personal information;

1. Application of Acts and subordinate statutes to a report on internal investigation (the result of a search for residence), report on internal investigation (the result of confirmation of an annual senior ship and request for provision of communications data);

1. Article 50 of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes (a false submission of new information), Articles 50 (3) 3 and 43 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a refusal to take photographs), and selection of fines;

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;

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