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(영문) 인천지방법원 2020.09.23 2020고정467
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

Defendant shall be punished by a fine of two million won.

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant is a person subject to registration of personal information as a person who was sentenced to a suspended sentence of two years and six months in imprisonment by force at the Incheon District Court on June 19, 2015 and the judgment became final and conclusive on June 19, 2015.

Where basic personal information, such as address, actual place of residence, location of workplace, and the registration number of a vehicle owned, 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 office having jurisdiction over his/her domicile

Nevertheless, around April 20, 2018, the Defendant changed his/her address from Incheon-gu B and C to “In Mancheon-gu D” but did not submit changed information within 20 days without justifiable grounds.

Summary of Evidence

1. Investigation report on part of the accused's legal statement (Attachment to a photograph after cutting down the personal information management system) and detailed inquiry report on the subject of personal information (verification of the records of sexual assault against the accused);

1. Investigation Report - Investigation into suspect A’s whereabouts and application of the statute governing the abstract of resident registration;

1. Relevant Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Articles 70 (1) 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 has already been punished by a fine for the same crime, and that the above fine has not been paid if visiting the police station to submit modified personal information, considering the fact that the defendant committed the same crime, the punishment prescribed in the summary order is deemed appropriate in light of the sentencing conditions under Article 51 of the Criminal Act including the circumstances, and such punishment is determined.

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