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(영문) 수원지방법원 안산지원 2015.07.24 2015고정620
성폭력범죄의처벌등에관한특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

On October 23, 2014, the Defendant was sentenced to two years and six months of imprisonment, three years of suspended execution, 40 hours of sexual assault therapy, 40 hours of community service, and 31 October of the same year at the Seoul Eastern District Court (hereinafter “Seoul Eastern District Court”) for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

A person who has been convicted of sexual assault and is subject to duty to register personal information, shall be obligated to submit personal information to the head of a police agency having jurisdiction over his/her domicile or place of residence within 30 days after the conviction becomes final.

Nevertheless, the Defendant did not submit personal information until November 30, 2014, within 30 days from the date the above judgment became final and conclusive.

Summary of Evidence

1. The defendant's partial statement of court (the defendant and his defense counsel, after the judgment of the Seoul Eastern District Court on the defendant became final and conclusive, submitted to the probation office a written order to provide community service, a notice to attend lectures, a notice to persons subject to registration of personal information, etc., to a person in charge of the probation office, but did not submit a written notice to the head of the competent police office as to the registration of personal information because he could not hear any explanation about the registration of personal information, and in light of the present situation of the implementation of community service and attending lectures, the defendant's act does not constitute illegality due to legal errors. Article 16 of the Criminal Act provides that "the act of the defendant's act of misunderstanding that his act does not constitute a crime pursuant to Acts and subordinate statutes shall not be punishable only when there is a legitimate ground for misunderstanding." It does not mean a simple legal ground, but it is recognized that his act constitutes a general crime but is permitted by

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