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(영문) 인천지방법원 2018.08.30 2018고단4560

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 2,500,000 won to the applicant for compensation.

Reasons

Punishment of the crime

[criminal records] On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud using computers and other uses in the Incheon District Court’s Branch Branch on October 2, 2015, and completed the execution of the sentence in the original prison on October 13, 2016.

"2018 Highest 4560"

1. On June 26, 2017, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter referred to as the “Act”) was subject to special rules, such as the prohibition of going out from 22:00 to 06:00 each day, and released on July 3, 2017 by the Medical Care and Custody Deliberation Committee, pursuant to Articles 25(1) and 11 of the former Social Protection Act, and Article 23(1) of the Act on the Protection and Custody of Specific Criminal Offenders, pursuant to Article 23(1) of the former Social Protection Act.

A person who installs an electronic tracking 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.

Nevertheless, around 02:59 on June 13, 2018, the Defendant removed and escaped an electronic tracking device, which was attached to the Defendant’s left side by scambling the location tracking device, from around 02:0 to 203 in Bupyeong-gu Incheon, Bupyeong-gu.

Accordingly, the defendant has impaired the utility of the location tracking electronic device.

"2018 Highest 4738"

2. The Defendant is a person who was employed by N in Ma when he was aware of his identity as an employee.

On February 20, 2018, the Defendant received a request from the Victim J to “B to change the number of card units for the expenses for the installation of black booms and the construction of the construction.” On the same day, the Defendant received KRW 2.5 million in cash from the damaged party, and received KRW 1.88 million in cash from the P account of theO on the same day. The Defendant received KRW 2.68 million in custody for the victim.

The defendant has received the same money from the victim.