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(영문) 대전지방법원 서산지원 2018.07.18 2018고단453
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul High Court on August 26, 201 and became a person subject to registration of personal information whose judgment became final and conclusive on August 29, 2011.

Where a person subject to registration of personal information has changed basic personal information, such as his/her address and actual place of residence, he/she shall submit the reason and details of the change to the head of a police agency having jurisdiction over his/her domicile within

1. On March 24, 2018, the Defendant did not submit the changed information to the head of the police office having jurisdiction over the domicile until the lapse of 20 days thereafter, despite the fact that the Defendant was changed to E-gate D located in Jindo-gun, Chungcheongnam-gun, Chungcheongnam-gun, the actual residential area and the place of business located in the area of Jindo-gun B.

2. Notwithstanding the fact that contact information was changed from F to G on January 12, 2018, the Defendant did not submit the changed information to the head of the police office having jurisdiction over the domicile until the lapse of 20 days thereafter.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the commencement of internal investigation, detailed inquiry about a person subject to personal information, inspection results of a person subject to personal information, and submission of changed personal information;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the identity of the previous convictions), previous convictions and results of confirmation of the previous convictions;

1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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. The Defendant, on the grounds of the suspended sentence under Article 62(1) of the Criminal Act, was punished several times by a fine on the grounds that he/she failed to perform his/her duty to submit changed personal information to the competent police authority.

Nevertheless, there is a need for a more severe punishment than a fine due to the failure to perform the obligation again.

However, the defendant's mistake.

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