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(영문) 대구지방법원 포항지원 2013.10.25 2013고정575

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 4, 2011, the Defendant is subject to probation under the Daegu District Court's Mag-gu District Court's order to complete 40 hours of sexual assault treatment programs, which is a location tracking decision and matters to be observed in accordance with the Act on the Electronic Monitoring, etc. of Specific Offenders.

From May 14, 201 to June 21, 2013, the Defendant violated Article 14 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders by habitually impairing the utility of an electronic device, such as 12 times of escape from the scope of response, 21 times of low-power of portable tracking device, 21 times of disappearance of portable tracking device, 20 times of disappearance of portable tracking device, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, request for investigation, list of violations, and report of violation by a person wearing an electronic device;

1. Relevant Articles 38 and 14 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, as well as Articles 38 and 14 of the same Act concerning the option of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;