beta
(영문) 춘천지방법원 강릉지원 2014.08.20 2014고정286

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On January 3, 2006, the Defendant was sentenced to two years to imprisonment for a minor’s indecent act by force at the Gangnam Branch of the Chuncheon District Court on October 14, 2007, and the execution of the sentence was terminated in the Chuncheon Prison on October 14, 2007. On February 3, 2014, the Defendant was decided to attach an electronic tracking device for ten years at the same court.

【Criminal Facts】

A person subject to attachment shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, interfere with propagation, alter data received or otherwise impair its utility, and for this purpose, the person subject to attachment shall charge, carry or manage the electronic device so that the function of the electronic device can be maintained normally during the period of attachment of the electronic device.

1. On February 17, 2014, from around 17:22 to 13:55 on the same day, the Defendant did not carry a “portable tracking device (a device to confirm the location of an electronic device, carried by a person with an electronic device attached),” and did not carry the “portable tracking device (a device to confirm the location of the electronic device through the satellite Location Confirmation System and Mobile Communication Network)” and did not leave the Defendant’s residence in Gangnam-si C, thereby causing a escape warning from the scope of the “ attachment” so as to prevent a normal location tracking.

2. On February 25, 2014, the Defendant did not carry a portable tracking device from around 11:56 to 12:27 of the same day, and went away from the residence of the said Defendant and caused a escape warning to the scope of “attaching device”, thereby preventing the Defendant from tracking normal locations.

3. On March 1, 2014, at around 07:55, the Defendant damaged the attachment device during the process of putting the device attached to the attachment (the device attached to the body of the person attached to an electronic device) into the crepit of the device attached to the drone and attempting to separate the device, on the ground that the attachment device (the device to transmit electromagnetic waves to the portable tracking device by attaching the body of the person attached to the device) is difficult and creative to take a bath.