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(영문) 광주지방법원 해남지원 2015.03.18 2015고단41

폭력행위등처벌에관한법률위반(우범자)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 18, 2011, the Defendant was sentenced to three years of imprisonment by the Gwangju High Court for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and completed the execution of the sentence on October 9, 2014.

1. Around 10:40 on December 21, 2014, the Defendant: (a) placed one nicker of a dangerous object in the family of the victim D located in the Gangnam-nam Navy C; and (b) carried a dangerous object that could be used for committing a crime under the Punishment of Violences, etc. Act without justifiable grounds.

2. At around 10:40 on December 21, 2014, the Defendant, by finding at the victim D’s house located in Namnam-gun, Namnam-gun C, opened and entered the said house gate without the consent of the victim to demand the money from the victim, and entered the said house gate to the ward without the consent of the victim, and intrudes upon the victim’s residence.

3. A defendant who violates the Act on Probation and the Attachment, etc. of Electronic Devices against a specific criminal offender shall be punished by imprisonment with prison labor for a period of three years and ten years for an order to attach an electronic device after being sentenced by the Gwangju High Court on August 18, 201 for violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. thereof, and shall not interfere with the utility of the electronic device by arbitrarily separating or damaging the electronic device from its body during the period of attachment of the electronic device, altering data received, or by any other means.

Nevertheless, the Defendant resided in the residence in Jeonnam-gun, Namnam-gun, and did not charge the distribution of the portable tracking device, which is an electronic device, on October 26, 2014, at around 13:10 on October 26, 2014, thereby undermining the utility of the tracking device, thereby impairing the utility of the electronic device more than 12 times in total as shown in the attached Table (crime inundation).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. The investigation report (the attachment of photographer A in possession of the suspect), photograph;