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(영문) 대구지방법원 김천지원 2016.10.26 2016고단534

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

The defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who has attached an electronic device in violation of the Act on Probation and Attachment, etc. of Electronic Devices against a specific criminal offender due to a violation of prohibition of outing shall not violate any of the matters to be observed imposed when issuing an order to attach an electronic device

Nevertheless, the defendant, without the permission of probation officer in advance, remains in the vicinity of the Si/Gu, on June 21, 2015, around 22:20:20 on June 21, 2015. On the same day, the defendant returned to his/her residence located in the Si/Gu, Seogu, Daegu, Daegu, and violated the code of practice from that time to that time.

7. By the end of 27.2, a total of five times as indicated in the annexed list of crimes violated the code of conduct for prohibition of outing.

2. On June 29, 2015, the Defendant violated the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to the non-compliance with the direction and supervision, despite being given written warning from the probation officer of the Daegu Probation Office on the ground of the violation of the matters to be prohibited from going out of the country under paragraph (1) and the non-compliance with the direction and supervision, the Defendant called the probation officer of the Daegu Probation Office at around 00:0 on July 27, 2015, the Legal Protection Agency, who called the probation office to a rapid response team at around 00:0, at around 27, 2015, he/she called the probation officer’s duty to guide and supervise the Defendant without any justifiable reason despite having been urged the Defendant to perform the duty not to go out of the country.”

3. Breach of duty of maintaining utility.