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(영문) 수원지방법원 성남지원 2014.04.11 2014고단432

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

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

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon Branch, and completed the execution of the sentence on February 19, 2014.

On February 25, 199, the Defendant was sentenced to 12 years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.) in the Seocho Branch of the Seoul District Court on February 25, 199, and was ordered to attach an electronic tracking device for five years in the Gyeyang Branch of the Suwon District Court on June 18, 2013. On October 1, 2013, the Defendant was notified of the attachment order period from October 1, 2013 to September 30, 2018, and attached an electronic device immediately after being released from the Ansan Prison on February 19, 2014.

At around 15:30 on February 20, 2014, the Defendant cut off the electronic devices attached to the Defendant’s abro from the alleyway located in Heak-gu, Chungcheongnam-gu, Cheongju to nitro, and separated the electronic devices from their body at will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Request for investigation, a copy of the direction for execution of the attachment order, a copy of the decision on the attachment order, a copy of a probation card, a notice of the obligations before execution of the attachment order, a confirmation of probation, and a voluntary damage electronic device

1. Previous records: References to criminal records, copies of written judgments, copies of written judgments, and current status of personal identification and confinement;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit the crime;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is for the defendant to commit a crime, and the defendant is divided and does not commit any other crime after separating the location tracking electronic device. However, considering the following day after the defendant attached the location tracking electronic device, the nature of the crime of this case, which is separated from the electronic device, is not easy.