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(영문) 서울서부지방법원 2016.06.17 2016고정348
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

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

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) at the Jung-gu District Court on November 20, 2013. On August 28, 2014, the judgment became final and conclusive and became a person subject to registration of personal information, and the personal information was first registered on November 13, 2014.

A person subject to registration of personal information shall attend a police office having jurisdiction over his/her domicile every one year from the date of the initial registration of personal information, and have the head of a police office take photographs of his/her fixed name, left-hand side, right-hand side, back-hand body and telegraphic body.

Nevertheless, the defendant did not attend the C police station having jurisdiction over the defendant's domicile and take photographs until November 12, 2015 without justifiable grounds.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to each investigation report (related to detailed inquiry about personal information of a suspect, photographs, and documents on change of personal information);

1. Article 50 subparag. 3 and Article 43 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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