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(영문) 대전지방법원 논산지원 2015.01.16 2014고단481

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

On April 20, 2007, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Juvenile Rape, etc.) in the Daejeon District Court Seosan Branch, and completed the enforcement of the sentence on January 10, 201, and on June 11, 2013, the Defendant was subject to a ruling to order the attachment of an electronic tracking device for three years from June 25, 201 upon receipt of an order to attach the said electronic tracking device in a military support of the Jeonju District Court to “not to leave the place of residence from 23:0 to 06:0 during the period of electronic device attachment.”

1. Violation of matters to be observed by an electronic tracking device;

A. On August 16, 2013, the Defendant violated the code of conduct to restrict going home during a specific time period, such as night time, by returning home to 23:49 without justifiable grounds, such as drinking alcohol at an unexplosive drinking house, etc.

B. On April 27, 2014, the Defendant violated the code of conduct to restrict going home during a specific time period, including night time, by returning home to the Defendant at around 23:26 without justifiable grounds, such as drinking alcohol at an unexplosive drinking house, etc.

C. On May 22, 2014, the Defendant violated the code of conduct to restrict going home during a specific time period, including night time, by returning home to the Defendant at around 23:13 without justifiable grounds, such as drinking alcohol at an unexplosive drinking house, etc.

D. On May 29, 2014, the Defendant, without justifiable grounds, went home at around 23:17 without justifiable grounds, such as drinking alcohol at an unsatisfy on May 29, 2014, violates the rules to restrict going home during a specific time period, such as night.

E. The Defendant, under the influence of alcohol on July 29, 2014, returned home at around 23:59 without justifiable grounds, and violated the code of conduct to restrict going out of and out of a specific time zone, such as night.

2. The Defendant, who violated the duty of prior maintenance of a person wearing an electronic device, committed a violation of the duty of prior maintenance of a location tracking device, such as the provision of paragraph (1) and the provision of a warning pursuant to Article 38 of the Act on Probation, etc. on August 19, 2013 and May 1, 2014 without justifiable grounds, in spite of the receipt of a warning pursuant to Article 38 of the Act on Probation, etc. on July 29, 2014.