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(영문) 서울중앙지방법원 2016.02.19 2015고단8013

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to three years of imprisonment for rape in the Daegu District Court Kimcheon on February 10, 2006, and the same records of force are three times in total.

[Criminal facts]

1. On September 30, 2013, the Defendant violated the special rules, along with the attachment order of an electronic tracking device for five (5) years from the Sungnam support of Suwon Friwon, was imposed on the Defendant, which read, “from 23:000 on a day to 06:00 the following day, the Defendant shall take out from the place outside the residence of the person who requested the attachment order.”

No person who has an electronic device installed shall violate any of the matters to be observed by a court without justifiable grounds.

A. On July 4, 2014, the Defendant violated the code of conduct to restrict the outing of a specific time, such as night, by going out from the Defendant’s residence located in Jongno-gu Seoul Metropolitan Government Jongno-gu without justifiable grounds, and returning home at around 00:46 of the following day, without justifiable grounds.

B. On March 11, 2015, the Defendant violated an obligation to restrict the going out of the specific time zone, such as night, by going out from the residence described in the above paragraph (a) without justifiable grounds, and returning home at around 23:32 on the same day.

(c)

On April 14, 2015, the Defendant violated the obligation to restrict the outing of a specific time zone, such as night, by going home at around 23:16 on the same day without justifiable grounds, even though the outing was limited at around 23:00 on April 14, 2015.

(d)

On April 15, 2015, the Defendant violated the rules to restrict the outing of a specific time zone, such as night, by leaving the above-mentioned 1's home-place of residence, and returning home at around 23:13 on the same day without justifiable grounds.

E. On June 24, 2015, the Defendant, even during the time when the departure was restricted from around 23:00, at the time of the game Sung-nam City, was 202 DaMoel 302 without justifiable grounds.