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(영문) 서울서부지방법원 2017.12.22 2016고정1349
성폭력범죄의처벌등에관한특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Western District Court as an indecent act committed by force, and the said judgment became final and conclusive on June 17, 2016, and became a person subject to registration of personal information.

A person subject to registration of personal information is obligated to submit personal information, such as his/her name, resident registration number, address, and actual place of residence, to the head of a police agency having jurisdiction over his/her domicile or residence within 30 days from the date

Nevertheless, the defendant did not submit personal information until July 16, 2016, when submitting personal information.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Requesting a person subject to registration of personal information to investigate;

1. A certified copy of the Supreme Court decision, a certified copy of the first criminal court decision of the Seoul Western District Court, and a certified copy of the Seoul Western District Court decision [the defendant and his defense counsel asserts to the effect that the defendant has justifiable reasons for not submitting personal information.

According to the above evidence, where a judgment of conviction becomes final and conclusive at the time the judgment was rendered, the defendant was notified of the fact that he/she becomes a person subject to registration of personal information and is obligated to submit personal information, and the above judgment was finalized by the Supreme Court's decision of dismissal of a final appeal and the defendant was aware of the fact that he/she was aware of the fact from the national defense counsel. Thus, if the circumstances are the same, the defendant was found to have known that he/she was unable to know well the words of the interpreter or that the final appeal

Even if this is due to the defendant's negligence, it does not constitute a justifiable reason, and it does not peep the circumstances that there is a justifiable reason for the defendant to not submit personal information (the defense counsel is expected to have guidance on the registration of personal information because the defendant received the information on the completion of the program by wire).

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