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(영문) 춘천지방법원 2018.12.19 2018고정299
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to a suspended sentence of three years for rape, etc. by the Seoul High Court of Seoul, and the said judgment was finalized on June 29, 2018.

Although a person subject to registration of personal information submits basic personal information to the head of the competent police office within 30 days from the date the judgment becomes final and conclusive, the defendant did not submit the basic personal information to the head of the Hongcheon Police Station by July 29, 2018 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the Ministry of Justice, a certified copy of the judgment, and a written inquiry about criminal history;

1. Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime, Article 50 of the same Act and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant appears to have recognized and reflected the instant crime; (b) there is no record of punishment for the Defendant for the same crime; and (c) the Defendant currently has submitted the changed basic personal information to the head of the competent police office in good faith, such as the fact that the Defendant has faithfully submitted the changed basic personal information.

However, there are elements for sentencing unfavorable to the defendant, such as the fact that the defendant committed a serious crime, the statutory penalty of which is prescribed as imprisonment for a limited term of not less than three years, and the defendant explicitly stated that there is no submission of personal information in each judgment against the defendant, but the defendant did not submit all basic personal information.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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