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(영문) 광주지방법원 2018.04.18 2018고정18
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

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

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

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to a fine of two million won and personal information registration in the Gwangju District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places), and the judgment became final and conclusive on April 30, 2015, and is subject to registration of personal information.

A person subject to registration of personal information shall submit the reason and details of change to the head of the police agency having jurisdiction over his/her domicile within 20 days from the date the reason and details of change occur, where the address is changed.

1. Notwithstanding the fact that the Defendant’s address was changed from Gwangju-gu to the same Gu C, 103 Dong 1105 around March 15, 2017, the Defendant did not submit the changed details to the head of the competent police office within 20 days without justifiable grounds.

2. Notwithstanding the fact that the Defendant was employed as a member of the (oil) E Industrial Team in Gwangju-gu around August 18, 2017, the Defendant did not submit the changed details to the head of the competent police office within 20 days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Abstract of resident registration or copy of employment certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, Articles 50 and 43 of the same Act concerning the crime, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the confessions and reflects against the defendant, the circumstances and period of the crime in this case, the change of personal information after the lapse of the period, and other various sentencing conditions, shall be determined in light of the order.

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