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(영문) 인천지방법원 2010.11.25 2010고단4801

특정범죄자에대한위치추적전자장치부착등에관한법률위반

Text

Defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 3, 2009, the Defendant was sentenced to one year of imprisonment for the crime of quasi-indecent act by force, and two years of order to attach a location tracking device, and was imposed on outing restrictions, soup and soup access prohibition, and completion of sexual assault treatment program 80 hours due to special matters to be observed. On July 3, 2010, the Defendant completed the execution of punishment at the Daegu prison on July 3, 2010, and attached a location tracking device (hereinafter “electronic device”) on July 29, 2010.

1. On October 16, 2010, the Defendant: (a) was unable to arbitrarily separate or damage an electronic device from his/her body, interfere with propagation, alter data received, or otherwise impair its utility during the period of electronic device attachment; (b) was placed in the Dinininin in the entrance room, which is the Defendant’s residence in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by generating a portable tracking device (ID) which is an electronic device; and (c) damaged the electronic device by destroying or separating a portable tracking device, which is a portable tracking device (IDE), or by destroying or separating the portable tracking device, which is strongly collected on the wall, and thereby making it impossible for Key Pad and on-board.

2. At the same time, the Defendant was issued an attachment order of an electronic device by the foregoing Daegu High Court, even if the Defendant was subject to the code of practice, stating, “from 00:00 to 06:00 each day during the period of attachment of an electronic device to take out outside the residence of the person who requested the attachment order.”

A. From around 01:06 on September 3, 2010 to 01:43 on the same day, from the Nam-gu Incheon Metropolitan City’s Nam-gu Fataebag club violated an order of restriction on outing out of the Republic of Korea for a total of 37 minutes; and

B. On September 6, 2010, from around 00:00 to April 01:45 of the same day, the entire wife H was met from the Namdong-gu Incheon Metropolitan City G Female in violation of an order of restriction on outing the country from around 00:0 to the total of 1:45 minutes;

C. On the same day from 04:00 to 04:17 of the same day, in violation of an order to restrict the withdrawal of tobacco among the total of 17 minutes, the Defendant left tobacco to the Schlage near the Defendant’s residence;

D. From 00:00 on September 15, 201 to 01:50 on a total of one hour and 50 minutes.