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(영문) 청주지방법원 충주지원 2018.02.23 2017고단766

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On January 28, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for an indecent act committed by the Seoul Central District Court, and the judgment became final and conclusive on April 16, 2010. On September 24, 2010, upon receipt of an order to attach an electronic tracking device for five years under the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the Defendant issued an order to attach an electronic tracking device for five years from September 24, 2010, imposed the following matters: “shall keep the Defendant out of his/her place of residence from 00:00 to 06:00 each day,” and the enforcement period was extended by April 18, 2020 upon the suspension of execution of the attachment order for other crimes after attaching an electronic tracking device on January 8, 201.

On April 10, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for interference with business in the Cheongju District Court’s Assistance, and completed the execution of the sentence on October 8, 2015. On July 15, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violating the Act on the Protection and Observation of Specific Offenders and Electronic Devices Installation, etc. at the Cheongju District Court and currently pending trial in the final appeal is pending.

[2] Although Defendant 1 imposed a duty to comply with the above, such as “to take out outside of the dwelling place from 00:00 to 06:00 each day,” Defendant 2 violated the above duty to comply with, on September 30, 2017, 306 of the D building, which is the Defendant’s dwelling place, without permission, and returned home around 00:48 on the same day, at around September 30, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Statement made by the prosecution against E;

1. Each police statement protocol with respect to E and G;

1. Reporting on the arrest of a case;

1. 112 A list of reported cases;

1. A copy of the protection observation card (A) and a copy of the direction for execution of the attachment order (A), and a written decision;

1. Notice of obligations before execution of an attachment order, a written confirmation and a report;

1. Video CDs;

1. Each investigation report (the observation card for the protection of suspects and the execution of an attachment order);