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(영문) 서울북부지방법원 2015.11.11 2015고단2968

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 27, 2007, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under 13 years of age) in the Goyang Branch of the District Court on April 27, 2007, and was subject to an attachment order issued by the Seoul Western District Court on December 20, 2013 by an electronic tracking device (hereinafter referred to as “electronic device”) for five years at the Seoul Western District Court on April 10, 2014.

1. A person who has an electronic device installed with an electronic device that impairs the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body, disrupt radio waves, alter data received or otherwise impair its utility during the period of electronic device attachment, and shall charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally;

On June 5, 2015, the Defendant went out without possessing a portable tracking device between 06:43 and 09:37 on the same day, thereby leaving the scope of the response of the attachment device and making it impossible for the Defendant to use the electronic device in a way of leaving the scope of the response of the attachment.

2. Upon receipt of an order to attach an electronic device for five years as above, the Defendant was subject to special rules, such as “from 00:00 to 06:00 each day during the period of attachment of an electronic device, to take out outside the residence of the person who requested the attachment order from the person subject to the order to attach an electronic device.” A.

On July 3, 2015, from around 00:0 to 01:30 on July 3, 2015, the Defendant was unable to comply with special matters to be observed without justifiable grounds by taking measures for returning home to Korea with his scarran together with his scarran, “C” located in Gangnam-gu Seoul Metropolitan Government B.

B. On July 21, 2015, from around 00:00 to May 5, 203: (a) the Defendant: (b) was exposed to and taken measures for returning home in the “E” singing room located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the probation officer, thereby violating the special rules without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written decision on an attachment order;