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(영문) 대구지방법원 김천지원 2017.04.26 2016고단734

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 1, 2013, the Defendant was sentenced to imprisonment for a year and six months and a fine of three million won for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Youngju District Court’s support on August 1, 2013, and completed the execution of the sentence on October 15, 2014.

Criminal facts

On January 13, 2011, the Defendant was determined to attach an electronic tracking device for five years at the Youngju District Court’s Youngdong branch, and was subject to a fine of three million won for a violation of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders on May 16, 2012 during the period of the attachment order. On August 1, 2013, the Defendant was sentenced to imprisonment of one year and six months and a fine of three million won until August 12, 2017.

1. On August 12, 2017, the Defendant, in violation of the rules of restriction on outing, was notified of a person who attached an electronic device upon receipt of a location tracking device attachment order, and of the special matters to be observed from 00:00 to 06:00 to 06:00 to take out out outside the residence of the person subject to the attachment.

Nevertheless, on March 24, 2015, around 00:06, the Defendant violated 16 times in total, including delay in returning to the Defendant’s residence (C 105), from the time on December 13, 2015, including delay in returning to the Defendant’s residence.

2. A person who has violated his/her duty to maintain the utility of 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 dissemination, alter data received, or otherwise impair its utility.

Nevertheless, on March 30, 2015, the Defendant, from around 06:25 to 06:57, went out from Gyeongbuk-gun C105, which is a residence, and did not separate a portable electronic tracking device from the body and did not carry the device separately.

Summary of Evidence

1. The defendant's statement in court;