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(영문) 전주지방법원 남원지원 2019.09.24 2019고정23
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 5, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than two years and six months for rape, bodily injury, etc. at Busan High Court, and the judgment became final and conclusive on December 23, 2015, and became a person subject to registration of personal information.

Where the basic personal information submitted is changed, a person subject to registration of personal information shall submit the reason and details of the change to the head of the competent police station having jurisdiction over his/her domicile within 20 days

On January 24, 2019, the Defendant changed his/her residence from the voice Group B to the Namwon-si, and even if he/she retired from a company in office on January 30, 2019, the Defendant did not submit the said changed information to the chief of the police station having jurisdiction over the Defendant’s domicile within 20 days without justifiable grounds, notwithstanding the retirement of the company in office on January 3

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the written submission of personal information;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article on the facts constituting an offense, and Articles 50 (3) 2 and 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Selection of Sexual Crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding five million won;

2. Determination of sentence: The personal information registration system of a fine of KRW 500,000 is a security measure to suppress recidivism by sex offenders, defend society, and prevent social confusion through efficient investigations, such as prompt arrest of sex offenders, and thus, requires strict punishment for violations of the duty of submission.

The defendant did not report the changed personal information within 20 days, which is the deadline prescribed by the Act.

However, the circumstances favorable to the defendant are that the defendant's mistake is recognized, and that the defendant voluntarily submitted the changed personal information after two months have passed since the change of personal information was made.

The age, character and conduct, environment, and environment of the defendant.

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