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(영문) 청주지방법원 2018.12.20 2018고정679
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 5, 2017, the Defendant is a person subject to registration of personal information, who was sentenced to a fine of KRW 7,000,000 as an indecent act committed by force by the Cheongju District Court and became final and conclusive on January 15, 2018 (hereinafter collectively referred to as “related sex offense case”), and is a person subject to registration of personal information.

A person subject to registration of personal information shall submit basic personal information, such as address, place of work, contact information, etc., to the head of a police office having jurisdiction over his/her domicile within 30 days from the

Nevertheless, the defendant did not submit basic personal information to the head of the police office having jurisdiction over his/her domicile without justifiable grounds within 30 days from January 15, 2018, on which the judgment became final and conclusive.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of persons to be admitted to the new person;

1. Information on a person subject to registration of personal information;

1. A criminal investigation report (in relation to attachment, etc. of a letter of decision and submission of personal information);

1. A report on investigation (verification of the result of service of a notice on a person subject to registration of new information);

1. Application of Acts and subordinate statutes, such as a report on investigation (examination of whether a suspect has been intentional) and a copy of trial records;

1. Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime, Article 50 of the same Act and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The Defendant was aware of the fact that the Defendant was using a phone at the police station to register personal information at that time, and did not neglect it intentionally.

2. The grounds for appeal are with merit.

However, the following circumstances recognized by the evidence duly adopted and investigated by this court, i.e., the defendant, upon being sentenced to the first instance judgment of the relevant sex offense case, should be subject to registration of personal information after the judgment becomes final and conclusive, and the submission of personal information to the head of the police office having jurisdiction over the domicile of the defendant within 30 days after the judgment becomes final

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