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(영문) 대구지방법원 경주지원 2016.11.23 2016고단104

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

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A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On May 24, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on January 18, 2015.

[2016 Highest 104] On October 20, 201, the Defendant was subject to the imposition of a location tracking electronic device (hereinafter “electronic device”) and special matters to be observed (such as: (a) from 24:00 to 06:0 each day during the period of attachment of an electronic device to 24:00 each day, to 06:0).

1. No person who has an electronic device installed in violation of Article 38 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall destroy or damage the electronic device at his/her discretion, interfere with its dissemination, alter data received, or otherwise impair its utility during the period of attachment of the electronic device;

Nevertheless, on August 5, 2015, the Defendant, at around 19:24 on August 5, 2015, separated the Defendant’s portable tracking device, which is an electronic device, from his body, from the body, under the influence of alcohol in “Dsing.”

2. A person who has an electronic device in violation of Article 39 (3) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is obligated to faithfully comply with the matters to be observed, such as restrictions on outing and outing at night.

Nevertheless, the Defendant exceeded 24:00 when drinking alcohol on May 25, 2015, and returned to the Defendant’s residence in the racing at around 01:20, the Defendant violated the code of conduct for restrictions on going out during a specific time period, including night time, by November 29, 2015, including the statement in the list of crimes, by November 29, 200:57.

[2016 Height819]

1. On April 29, 2016, the Defendant, at around 23:00 on April 29, 201, installed a entrance which was favorable to drinking, prior to the collection of the victim G (V) located in the racing-siF.