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(영문) 의정부지방법원 2013.06.27 2013고단1178

특정범죄자에대한위치추적전자장치부착등에관한법률위반

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

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

Reasons

Punishment of the crime

On April 30, 2009, the Defendant was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and was ordered to attach an electronic tracking device for two years, and was imposed on the Defendant’s obligation to take out from 00:00 to 06:00 each day during the period of attachment of the electronic tracking device from 00 to 06:00.

On May 27, 2012, the Defendant was released from the Chuncheon prison upon the expiration of the term of punishment, and the execution of the attachment order to the location tracking device began until May 26, 2014.

1. A person who has an electronic tracking device installed, such as breach of duty to carry an electronic device, shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally in order to maintain its utility;

Nevertheless, the Defendant sent out without carrying a portable tracking device at least nine times from June 15, 2012 to February 14, 2013 as shown in the [Attachment Table], and the Defendant did not charge a portable tracking device from September 3, 2012 to September 3, 2012, and did not cause all of them to be collected. ③ Around March 16:34, 2013, the electronic device was lost or damaged because it did not manage a portable electronic device at a construction site located in the Kuodong-dong of the Government-si on March 11, 2013, and the function of each electronic device cannot be maintained normally.

The Defendant, in total 11 times during the period of electronic device attachment, arbitrarily separateed the electronic device from his body, did not charge the electronic device, and did not manage the electronic device.

2. Any person who has an electronic tracking device installed in violation of matters to be observed shall be imposed by the court without justifiable grounds.