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(영문) 서울북부지방법원 2016.06.23 2016고단1330

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 5, 2013, the Defendant is subject to an order to attach a location tracking device of 10 years from 00:00 each day to 06:00, to restrict outing out of the country of residence, in the gender support of the Daegu District Court on November 5, 2013.

1. Although the Defendant is required to comply with the order of restriction on outing at night, while residing in Seoul, China-gu; (1) from around 00:00 on November 25, 2015 to around 00:03 on the same day; (2) from around 00:0 on December 4, 2015 to 00:04 on the same day; (3) from around 00:00 on December 8, 2015 to 00:03 on the same day; (4) from around 0:00 on December 10, 2015 to around 0:03 on the same day; and (5) from around 0:00 on December 10, 2015 to 00:07 on the same day, the Defendant violated the order of restriction on outing at night in a manner that he did not return home under the influence of alcohol over a total of four occasions.

2. Around December 10, 2015, the Defendant received a warning to the effect that, on the grounds that he/she violated an order of night restriction as set forth in paragraph (1) of the said Article, he/she may receive unfavorable measures, such as the execution of punishment, upon being urged by the head of the Seoul Security Surveillance Office to perform the matters to be observed. However, on December 12, 2015, the Defendant violated an order of night restriction on going out and returned home at around 00:43 on the ground that the Defendant purchased the suspension at his/her residence, and at the same time, violated the said order without justifiable grounds after receiving a warning from the head of the Seoul Security Surveillance Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation request, copy of decision, copy of the direction to execute the attachment order, copy of the protection observation card, notification letter of obligations before executing the attachment order, warning letter, reasons for warning, and processing ledger, location tracking report, comprehensive report on location tracking, and statement of status of observation of protection;

1. Article 39 (3) and Article 9-2 (1) 1 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders, Article 39 (2) of the Act on the Protection and Observation, etc. of Specific Criminal Offenders, Articles 32 (3) and 38 of the Act on the Electronic Monitoring, etc. of Electronic Devices concerning the crime;

1. Trade name;