beta
(영문) 청주지방법원 2015.06.18 2015고단44

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 23, 2014, the Defendant was sentenced to six months of imprisonment by this court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) and completed the execution of the sentence on June 6, 2014.

【Criminal Facts】

On August 10, 2010, the Defendant: (a) was sentenced to an order to attach an electronic tracking device for seven years in the sex support of the Daegu District Court; (b) was installed with a location tracking device from August 13, 2010; (c) was damaged on October 14, 2014 by rap of the location tracking device attached to the boo-gu I located in Cheongju-si H; and (d) was arbitrarily divided into the location tracking device into the boo-gu area where the location tracking device was installed.

Summary of Evidence

1. Defendant's legal statement;

1. A written decision on, and a written direction of, the attachment order;

1. Probation;

1. A damaged electronic device photograph;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, report on the results of confirmation before and after disposition, and application of Acts and subordinate statutes concerning personal identification and accommodation status;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit the crime;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is seriously against the Defendant, and the Defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol.

The Defendant did not flee or attempt to commit another crime, such as the detection of diving after committing the crime.

However, in light of the purpose of attaching an electronic tracking device, such as sound rehabilitation of sexual offenders to society and protection of citizens, etc., the crime of this case requires strict punishment.

Furthermore, the Defendant committed the instant crime during the period of repeated crime due to sex offense.

In addition to the above circumstances, the Defendant was sentenced to six months of imprisonment on April 2, 2015 due to a violation of the Road Traffic Act, etc. and was currently under trial at the appellate court, and the period for implementation of the attachment order for the last four years.