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(영문) 대구지방법원 서부지원 2020.01.09 2019고단1602

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant is sentenced to six years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and ten years of imprisonment for an electronic device attachment order, and the Defendant is required to faithfully implement the direction and supervision of the probation officer during the period of the attachment order of the electronic device, the matters to be observed, and the probation officer

1. Violation of rules to restrict outing;

A. On May 20, 2019, around 23:08, the Defendant violated the code of conduct on the restriction of outing for about eight minutes due to the Defendant’s failure to return home without justifiable grounds, even though the period of restriction on outing had elapsed.

B. On May 21, 2019, the Defendant: (a) around 23:46 on May 21, 2019, placed sporads and Baduks in the “D” located in the Daegu Seo-gu, Daegu; and (b) even after the lapse of the hours of restrictions on outing.

In the same way, approximately 46 minutes of ex-out restrictions were violated.

다. 피고인은 2019. 5. 24. 23:31경 대구 달서구 B 아파트 내 빈 공터에서 윷놀이를 구경하던 중, 외출제한 시간이 경과하였음에도 위 가.

In the same way, approximately 31 minutes of ex-out restrictions were violated.

As a result, the Defendant violated the code of limitation on outing three times.

2. On May 1, 2019, the Defendant, who violated the rules after a warning, received a written warning from the probation officer on the violation of the rules of restrictions on outing, and even on May 14, 2019 and May 23, 2019, received guidance from the probation officer on the observance of the order to restrict outing, the Defendant violated the rules of restrictions on outing, as mentioned in the foregoing paragraph (1) and complied with the direction and supervision of the probation officer.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Attachment of a written request for investigation);

1. Request for investigation;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Restriction on appearance under Articles 39 (3) and 9-2 (1) 1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for each specific criminal who has committed the relevant criminal facts and for whom punishment is selected;