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(영문) 서울북부지방법원 2018.02.08 2017고정1321

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant is a person subject to the protection and observation of an electronic device subject to imprisonment for two years and six months and six years, with respect to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) at the District Court of the Jung-gu District.

1. On March 25, 2016, the Defendant violated Article 38 of the Act on the Observation, etc. of Protection of Persons Subject to Protection at the Defendant’s residential premises located in Ulsan-gu C and 301, despite being given warning pursuant to Article 38 of the Act on the Observation, etc. of Protection of Persons subject to Protection, on June 3, 2016, the Defendant did not respond to the call that the Defendant was unable to return home from the guardian D on the defense Dong-dong, Ulsan-gu, Ulsan-gu, the Defendant’s failure to respond to the call, and continued the phone from that time until June 28, 2016.

2. On March 22, 2016, the Defendant voluntarily separated the electronic device from his/her body at around 07:35, Ulsan-dong C301, Ulsan-dong, Ulsan-dong, and released the electronic device at his/her own discretion, and on August 13, 2016, the Defendant released the electronic tracking device from his/her body at the above location at around 16:52, thereby impairing the utility of the electronic device.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A list of crimes;

1. Requesting a person subject to attachment of an electronic tracking device to conduct an investigation (Ulsan Protection Observation Office);

1. A copy of the written direction to attach an attachment order;

1. A copy of the protection observation card;

1. A copy of the processing ledger, such as location tracking, risk warning, etc.;

1. A copy of an order of execution of a punishment to be attached (in addition to matters to be observed);

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 38 of the Act on the Protection, Observation, etc. of Specific Criminal Offenders and the Selection of Punishment for Specific Criminal Offenders, Article 39(1) of the same Act, Article 39(2) of the same Act, and Article 32(2) of the Act on the Protection, Observation, etc. of Electronic Devices, respectively.