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(영문) 제주지방법원 2019.09.18 2019고단1172
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 August 20, 2015, the Defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which became final and conclusive on August 28, 2015, by having been sentenced to a fine of KRW 10 million by the Jeju District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Where basic personal information submitted pursuant to Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is modified, a person subject to the registration of personal information shall submit the reason and details of the modification to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date on which the grounds for modification occur,

Nevertheless, even though the defendant moved his/her actual place of residence corresponding to basic personal information on August 2018, he/she did not submit the reason and contents within 20 days from the date of occurrence of the cause of change without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports ( Address, Search of Residence), and application of Acts and subordinate statutes on investigation reports (employment insurance details);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant acknowledges and reflects his mistake, the defendant has no criminal record of the same kind, the defendant's age, character and conduct, environment, means and result of the crime, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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