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(영문) 대구지방법원 포항지원 2013.07.26 2013고단468

특정범죄자에대한위치추적전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 6, 2003, the Defendant was sentenced to 8 years of imprisonment for robbery, rape, etc. by the Daegu High Court. On February 21, 2011, the Defendant was sentenced to 5 years to an order to attach an electronic tracking device for robbery, rape, etc. from the Daegu District Court and its Daegu District Court and its racing support, and was subject to special matters to be observed, such as restriction on residence, restriction on outing out, access to the victim, and order to complete a sexual assault treatment program 40 hours. On May 8, 2011, the Defendant was ordered to complete the execution of the above imprisonment in the Ansan Prison and attached an electronic tracking device at the same time on May 8, 201, and on November 1, 2012, the judgment became final and conclusive on January 23, 2013.

1. The Defendant was sentenced to an order to attach an electronic device from the Daegu District Court racing support, as seen above, and at the same time, the Defendant was subject to compliance with the following: “from 24:00 each day during the period of attachment of an electronic device to 06:00, the Defendant should take out the outside of the residence of the person subject to the request to attach an electronic device.”

Nevertheless, from around 00:00 to 06:00 on June 27, 2012, the Defendant went out from the place of residence, such as Diplomatic Association, located in North Korea-si, North Korea-si, as shown in attached Table 1, and went out from the place of residence in violation of the order of restriction on going out on a total of 76 occasions from around that time to September 28, 2012.

2. A person with an electronic device impairing the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, damage, interfere with radio wave, alter data received or otherwise impair its utility, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally;

The Defendant, from around 04:34 on July 6, 2012 to 05:00, separated an electronic device from his body from his body from his body and forced the device to leave his body within the scope of response, and as shown in attached Table 2, from around that time, as shown in attached Table 2.