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(영문) 창원지방법원 2019.09.25 2019고단1795

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

[Criminal Power] On October 23, 2014, the Defendant was sentenced to two years and six months of imprisonment for attempted rape at the Changwon District Court on January 22, 2015, and the judgment became final and conclusive on January 22, 2015, and completed the execution of the sentence at the Busan Prison on January 9, 2017.

【Criminal Facts】

1. On October 23, 2014, the Defendant violated the Act on Probation and the Attachment, etc. of Electronic Devices with respect to a specific criminal suspect was issued an order to attach an electronic tracking device for seven years at the Changwon District Court to commit rape. On April 18, 2019, the same court filed a report with the probation officer for six months from 01:00 to 06:00, and received a decision to take special measures to restrict the appearance of a specific criminal suspect outside of his/her residence, except in cases where permission is granted.

On June 9, 2019, from around 01:00 to around 01:10 on the same day, the Defendant violated the requirements, such as returning home to the building B of Busan-gu Busan-gu, Busan-do, his residence, and returning home late to the late place, etc., and violated the special requirements for four times in total, such as the list of crimes, from around that time to June 21, 2019.

(b) A person who has an electronic device installed to separate a location tracking device and destroy the electronic device shall not separate, damage, interfere with the propagation of, alter data received from his/her body, or otherwise impair its utility during the period of attachment of the electronic device.

Nevertheless, at around 03:12 on June 21, 2019, the Defendant: (a) sent a phone call to the Daejeon Control Center to the probation office, which had been subject to psychological pressure by means of an electronic tracking device in India prior to Kimhae-si, his residence; and (b) four persons, such as public officials E, etc., belonging to the protection office of the Seoyang Probation Office, who received the said call from the Daejeon Control Center, are the Defendant’s residence.