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(영문) 서울동부지방법원 2019.02.18 2018고단3975

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On May 30, 2003, the Defendant was sentenced to imprisonment with prison labor for ten years and for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.) in the Seoul Eastern District Court on May 16, 2013, and completed the execution of imprisonment with prison labor for ten years and on May 16, 2013, and on May 26, 2014, the Defendant was sentenced to three years to attach an electronic tracking device at the Daejeon District Court on May 26, 2014, and was sentenced to three years to send an electronic tracking device out of his/her residence from 23:00 to 06:00 the following day during the period of attachment of the electronic device, and was subject to the observance of the order to attach an electronic tracking device at present by releasing on October 30, 2017.

【Criminal Facts】

1. A person who has an electronic tracking device installed with a location to trace the damage of 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 propagation, alter data received, or otherwise impair the utility of the device. However, on May 21, 2018, the Defendant, around 23:02, destroyed the utility of the device by breaking the re-house supervisory device on the floor of Gangdong-gu Seoul Building B and C, on the ground that he/she has a conflict with the friendly D.

2. The person wearing an electronic device shall not violate any of the matters to be observed when issuing an attachment order without justifiable grounds, and shall not violate again the matters to be observed by the person subject to probation, after receiving warning from the head of the probation office, by violating the direction and supervision of the probation officer, and visit the probation officer, such as visiting the person subject to probation, without justifiable grounds;

Upon being sentenced to three years to an attachment order from the court, the Defendant shall observe the following rules: “The Defendant shall keep out of his/her place of residence from 23:00 each day during the period of attachment of an electronic device to 06:00.”