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(영문) 서울중앙지방법원 2017.10.26 2017고단1487
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 23, 2016, the Defendant is a person subject to registration of personal information on which the said judgment became final and conclusive on October 1, 2016, upon being sentenced to a fine of KRW 3 million and an order to complete a sexual assault treatment program 40 hours, due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration of personal information, at the Seoul Central District Court.

1. A person subject to registration of personal information shall submit the personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date the conviction of a sex offense subject to registration of personal information becomes final;

Nevertheless, the defendant did not submit personal information to the head of the Dongjak-gu Police Station having jurisdiction over Dongjak-gu Seoul Metropolitan Government, which is the defendant's domicile, by October 31, 2016, 30 days after the above judgment became final and conclusive.

2. A person subject to an order to complete a sexual assault treatment program shall comply with an instruction given by the warden to implement the order to complete the protection observation.

On October 24, 2016, the Defendant received an instruction from the Seoul Protection Observation Center to complete sexual assault treatment programs for eight hours each day from November 7, 2016 to November 11, 2016 through text message.

Nevertheless, on November 7, 2016, the Defendant refused to comply with the Seoul Protection Observation Office’s order to complete the above sexual assault treatment program’s 32-hour completion order after implementing 40 hours out of 40 hours, and failed to comply with the direction to perform the order to attend the Seoul Protection Observation Office’s order on November 30, 2016 and December 19, 2016, after receiving a warning under the Act on the Protection Observation, etc., and without justifiable grounds, on December 26, 2016.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Status of observation on protection;

1. Requesting a person subject to registration of personal information in the Ministry of Justice to investigate personal information, requesting a investigative office in Seoul Protection and the application of a certified copy of judgment in court

1. Relevant Article of the Act and the solicitation of punishment for the crime;

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