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(영문) 울산지방법원 2018.04.18 2018고정207
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person subject to registration of personal information on September 13, 2016, who was sentenced to a fine of three million won due to forced indecent conduct on July 20, 2016 at the Ulsan District Court and became final and conclusive on July 28, 2016.

If a person subject to the registration of personal information is changed, he/she is obligated to report the changed personal information to the competent police station within 20 days from the date of change, but the defendant is in violation of the duty to submit personal information because he/she fails to report his/her change within 20 days even though he/she was removed from the call of social service personnel on March 16, 2017 and changed his/her occupation.

Summary of Evidence

1. Application of Acts and subordinate statutes to the criminal defendant's statutory statement, criminal investigation report (to submit personal information);

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes (Selection of penalty) concerning the facts constituting an offense;

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

1. Considering the circumstances leading to the crime of sentencing of Article 334(1) of the Criminal Procedure Act, the Criminal Procedure Act should be considered.

Judgment on the Issues

1. The Defendant asserts to the effect that, as social service personnel do not engage in activities for livelihood as a compulsory service, they cannot be viewed as “job”, one of the basic personal information to be submitted pursuant to Article 43(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

2. According to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a person subject to registration of personal information shall submit personal information, such as his/her name, resident registration number, address, occupation, etc. (hereinafter “basic personal information”) to the head of a police office having jurisdiction over his/her domicile within 30 days from the date the judgment pursuant to Article 42(1) becomes final and conclusive, and shall submit the reason and details of the change within 20 days from the date the reason and change occurred.

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