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(영문) 서울중앙지방법원 2020.03.19 2019고단8447

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who, on August 30, 2012, was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Persons with Disabilities) and for a period of seven years (7 years) years and ten years (10 years) years from the order to attach an electronic tracking device at an Ansan Prison on August 17, 2019 and has to attach an electronic tracking device from the date and time to August 16, 2029.

No electronic device subject to attachment of an electronic tracking device "2019 Highest 8447" shall be able to impair the utility of the electronic device by arbitrarily separating or damaging the electronic device from the body during the period of attachment of the electronic device, by altering data received, or by any other means.

Nevertheless, at around 05:32 December 9, 2019, the Defendant, a university of Jongno-gu, Jongno-gu, Seoul, had a probation officer find it impossible to detect the location information and mobile path of the Defendant by failing to charge the electronic tracking system on the first floor of the children's disease of Seoul National University Hospital, the first floor of the children's disease of Seoul National University Hospital.

No electronic device subject to attachment of an electronic tracking device "2019 order8645" shall be able to impair the utility of the electronic device by arbitrarily separating or damaging the electronic device from the body during the period of attachment of the electronic device, by altering data received, or by any other means.

Nevertheless, around 14:50 on October 19, 2019, the Defendant got out of the C parking lot located in Jongno-gu Seoul Metropolitan Government, by failing to charge the above location tracking device, and thereby making the probation officer impossible to detect the location information and mobility path of the Defendant.

Summary of Evidence

"2019 Highest 8447"

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Details of the electronic device subject to attachment;

1. An investigation report, a copy of a probation card, and an attachment order;