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(영문) 광주지방법원 2018.08.22 2018고정398
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person subject to registration of personal information, the sentence of which has become final and conclusive by the Incheon District Court on September 4, 2017, after being sentenced to a suspended sentence of two years in prison in the Incheon District Court, to a suspended sentence of six months in prison, and to a class of sexual assault treatment lecture on December 22 of the same year.

Although the defendant has a duty to submit personal information to a police agency having jurisdiction over his/her domicile or domicile within 30 days from the date of confirmation of personal information pursuant to Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she has not submitted such personal information without justifiable grounds

Summary of Evidence

1. Partial statement of the defendant;

1. A certified copy of a judgment and a notice of registration;

1. Application of the statutes on delivery of new written submission of personal information on a sex offender;

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. The defendant and his/her defense counsel's assertion on the assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is argued to the purport that the defendant had no intention, but to be forgotten for the duty to submit personal information due to dementia due to brain emercation at the time. However, although the defendant acknowledged the facts charged, he/she applied for the resumption of pleadings by changing his/her position, and applied for a factual inquiry to the International Gender Hospital that treated the defendant. As a result, he/she did not appear in a clinical aspect to suspect memory and dementia at the time.

The reply was made.

Therefore, the defendant and his defense counsel cannot be accepted.

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