beta
(영문) 대구지방법원 2019.03.14 2018고단5445

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

[criminal power] On August 25, 201, the Defendant was sentenced to seven years of imprisonment and ten years of an order to attach an electronic tracking device to an electronic device in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. at the Daegu District Court (hereinafter referred to as the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes"), and as a matter of compliance, the Defendant is subject to the imposition of "shall take out outside of his/her residence from 00:00 to 06:00 each day during the period of electronic device attachment" and "shall complete the sexual assault treatment program conducted by a probation office for 40 hours", and the execution of the sentence was completed on September 14, 2017 at a permanent prison, and from that time during the execution of an order to attach an electronic tracking device until September 1

【Criminal Facts】

No person subject to probation shall violate the matters to be observed by the person subject to probation, without justifiable grounds, after being warneded by the head of the probation office, for a violation of matters to be observed by the person subject to probation, and shall not violate the matters to be observed when issuing an order to attach an

On February 4, 2018, the Defendant received a written warning from the head of the Daegu Probation Office that the Defendant would not violate the code of practice at the Defendant’s residence in Busan Metropolitan City B apartment C.

1. On April 15, 2018, from around 00:33 to 02:47, the Defendant violated matters to be observed by a person subject to probation, who is subject to the direction and supervision by the probation officer, on the ground that he/she drinks alcoholic beverages in “Esing” D at the time of issuing an order to attach an electronic tracking device, and at the same time, violated matters to be observed by the person subject to probation, who is subject to the direction and supervision by the probation officer,

2. On April 22, 2018, from around 03:30 to around 06:00, the Defendant violated the matters to be observed when issuing an order to attach a location tracking device on the ground that he/she drinks alcoholic beverages in “Gssing room” located in F, and, at the same time, violated the matters to be observed by the probation officer, other than his/her residence, and simultaneously comply with the direction and supervision of the probation officer without justifiable grounds.