특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 17, 2013, the Defendant was issued an order to attach a location tracking electronic device at the Busan District Court’s Branch Branch of the Incheon District Court, and is under the execution period from December 16, 2013 to December 15, 2020 to the location tracking electronic device attachment order.
1. On August 5, 2014, the Defendant: (a) around 10:37, at the front side of the Nam-gu Incheon Metropolitan City, the Defendant: (b) 11 minutes from around 09:01 to around 10:12 of the same day; (c) 16 minutes from around 10:19 of the same day to around 10:35 of the same day; and (d) the employees C of the probation office (Nam, 49 years of age); and (e) D (Nam, 34 years of age) having confirmed the occurrence of the reduction scope of the portable tracking device for 16 minutes from around 10:19 to around 10:35 of the same day; and (b) she reported the occurrence of a threat by making it difficult for the victims to do harm to the victims.
2. A person who has an electronic device attached in violation of the Act on Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its dissemination, alter data received, or otherwise impair its utility.
그럼에도 불구하고 피고인은 2014. 8. 7. 05:47경 부천시 원미구 E 2층에서 화장실에 가던 중 부착되어 있던 전자장치에 걸려 넘어지고, 전자장치를 부착하는 것이 답답하다는 이유에서 손톱깎이로 전자장치 긴 스트랩과 고정 피스의 연결 부위 부분을 수회 긁어 전자장치의 센서가 계속하여 오작동 되도록 하여 그 효용을 해하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Each explanatory note of G and H;
1. A copy of an order to attach an electronic device, a copy of the damaged data of an electronic device, a recordbook at the time of dispatch, a record record, a warning data of damage to the device for attachment, a escape data from the scope of response to the device, damage data from electronic
1. Article 38 and Article 38 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are provided for in the relevant criminal facts;