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(영문) 춘천지방법원 속초지원 2019.01.16 2018고단107

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

【Criminal Power】 On January 15, 2014, the Defendant was sentenced to four years in Seoul High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc.) at the Seoul High Court, and completed the execution of the sentence on June 11, 2017.

【Criminal Facts】 The Defendant was determined to attach an electronic tracking device for the last ten years on January 15, 2014, subject to an order to attach a location tracking device; on June 11, 2017, the person who has attached an electronic tracking device; and the person who has installed an electronic device shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its dissemination, alter data received, or otherwise undermine its utility.

1. On October 26, 2017, the Defendant committed the crime: (a) around 02:47 on October 26, 2017, leaving the Defendant’s residence with a location tracking device attached to the location tracking device and prevented the location tracking device from operating normally; (b) from that point, the Defendant arbitrarily separated the electronic device from his body for about 62 minutes until around 03:19 of the same day, thereby impairing its utility.

2. On December 11, 2017, the Defendant: (a) laid down a portable tracking device attached to an electronic device at the residence of the Seocho-si B apartment Nos. 08:02 on December 11, 2017; and (b) prevented the electronic tracking device from operating normally; and (c) from that point, the Defendant arbitrarily separated the electronic device from his body for about one hour and 38 minutes until 09:40 on the same day, thereby impairing its utility.

3. On January 3, 2018, the Defendant, around 17:23, 2018, posted a portable tracking device installed in the location tracking electronic device at the Defendant’s residence of the Seocho-si B apartment C, Seocho-si, and prevented the Defendant from operating the electronic tracking device normally. From that moment, the Defendant arbitrarily separated the electronic tracking device from his body for about 2 hours and 52 minutes until 19:48 of the same day.

4. Crimes on January 10, 2018