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(영문) 대구지방법원 포항지원 2014.04.30 2014고정106
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 22, 2013, the Defendant was sentenced to 2 years of suspended execution, 80 hours in community service, 40 hours in the course of sexual assault therapy, 2 years in the public information, and 2 years in the public information from the Daegu District Court branch of the District Court for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. of Persons with Disabilities). On October 11, 2013, the Defendant received a written notice of notification of a person subject to registration of personal information, stating that he/she is a person subject to registration of personal information and is obligated to submit personal information

A person subject to registration of personal information is obligated to submit personal information to the head of a police agency having jurisdiction over his/her domicile or residence within 30 days from the date a judgment becomes final and conclusive pursuant to Article 43 (1) of the Act on Special Cases concerning

Nevertheless, by November 9, 2013, the defendant did not submit the personal information to the chief of the coast guard station having jurisdiction over the defendant's domicile until November 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to certified copies of each judgment, notification of personal information registered;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, in the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled) committed an act of failing to comply with the obligation to submit personal information to the chief of the competent police office after stating that he/she had an obligation to submit such information and informing the chief of the relevant police office of the obligation. However, there is a possibility that the defendant could not understand the obligation to submit personal information in the above judgment because of the short learning, the defendant's community service and lecture order in the above judgment were faithfully performed

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