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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who was aware of the fact, had been accommodated in No. 203 because another person was lodging in No. 208, which was reported by the Defendant to the address in Ansan prison.
The defendant has been living in the same telecom, and was hospitalized in a hospital to receive locked treatment, and did not recognize that the personal information of the defendant should be changed and reported. Thus, there was no intention to commit the crime of this case.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination:
A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) provides that the person subject to registration shall submit the accurate address and the actual place of residence to the head of the competent police office each time when the person subject to registration changes his/her place of residence. As long as the actual place of residence is changed to facilitate the prevention of recidivism of sexual crimes by facilitating identification of the sex offender’s place of residence, it should be submitted to the head of the competent police office.
Meanwhile, comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court is sufficiently recognized that the Defendant was aware of the change of address around March 7, 2017, but did not submit the changed details within 20 days, and thus, the Defendant’s assertion of mistake cannot be accepted.
1) On January 16, 2017, the Defendant submitted a basic letter of personal information to the competent correctional authority prior to release, indicating his/her resident registration address as “Seoul Gyeyang-gu, 208, and contact D” to the competent correctional authority prior to release.
On March 3, 2017, the Defendant released from the Ansan prison on March 3, 2017, but did not reside in 208, and resided in 203, and the Defendant voluntarily completed the move-in report to the MO community service center on March 7, 2017, and changed the mobile phone number.