beta
(영문) 제주지방법원 2015.05.01 2015고단287

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On September 13, 2007, the Defendant sentenced the Jeju District Court to six years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, and completed the execution of the sentence on May 7, 2013.

【Criminal Facts】

1. On February 14, 2014, the Defendant violated the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, the Jeju District Court issued an order to attach an electronic tracking device for three years.

A person who has an electronic tracking device installed shall not arbitrarily separate or damage the electronic device from the new body during the period of attachment of the electronic device, interfere with its dissemination, alter data received, or otherwise impair its utility.

A. On May 2, 2014, the Defendant, at around 12:00, did not charge an electronic device for tracking location in a fluorial area, but did not charge the electronic device, thereby undermining the utility of the electronic device for about 1:30 minutes and more until the signal restoration is re-issued by means of taking out the portable tracking device on the same day at around 12:41 on the same day.

B. From around 05:56 on December 9, 2014 to around 07:45 on the same day, the Defendant left the range of response for about one hour and 45 minutes in the vicinity of Jeju City without justifiable grounds, thereby impairing the utility of the electronic device.

C. At around 00:58 on January 9, 2015, the Defendant got off the portable tracking device at around 01:50 on the same day by means of having the Defendant take off the portable tracking device at around 01:50 on the same day, even though he/she was to be charged with the electronic device for tracking location, and thus, had the device function for about 1:30 minutes until the signal is restored again.

On February 23, 2015, at around 20:15, the Defendant got off the portable tracking device at around 21:10 on the same day, and caused the utility of the electronic device for about 3 hours until the signal restoration again by means of having the entire portable tracking device cut off at around 21:10 on the same day.

E. On February 23, 2015, the Defendant proposed a proposal around 23:00.