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(영문) 서울서부지방법원 2017.10.27 2017고단1192

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On January 19, 2010, the Defendant was sentenced to four years of imprisonment with labor for rape, etc. at the Gwangju District Court, and five years of order to attach an electronic device at present, and was subject to the duty to comply by the court that “no person shall leave from 00:00 to 06:00 each day during the period of attachment of an electronic device” was imposed by the court.

On July 5, 2016, around 00:03, the Defendant violated the rules of prohibition against outing outing out of a specific time zone by failing to return home from the contact distance of Eunpyeong-gu Seoul around July 5, 2016, and also violated the rules of prohibition against outing out of a specific time zone by 33 times in total, as shown in the list of crimes attached to the crime committed from around that time to March 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Court rulings;

1. Direction of execution of attachment orders;

1. Application of the statutes governing violations;

1. Article 39 (3) and Article 9-2 (1) 1 of the Act on the Protection and Observation of Specific Criminal Offenders under the relevant provisions of the Act on the Electronic Monitoring, etc. of Electronic Devices concerning facts constituting an offense;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the defendant's age, sexual conduct, environment, and circumstances after the crime, although the defendant appears to have committed an offense against the defendant's wrong judgment, the defendant's number of violations was very high, and since the release of the defendant, the violation began after the release of the defendant. In particular, even if the defendant's warning of the warden to observe the protection and observation was received five times, the non-guilty portion of the defendant's punishment as ordered in light of all the sentencing conditions indicated in the argument of the case, including the defendant's age, sexual behavior, environment, and conditions after the crime.

1. The summary of the facts charged and the summary of the facts charged in this case’s Article 2 of the Act are imposed by the Defendant, as indicated in its reasoning, and the specific time zone is set four times from June 21, 2016 to June 24 of the same month.