beta
(영문) 부산지방법원 서부지원 2017.08.23 2017고단383

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

In the case of crimes No. 1, No. 2-A, and No. 2-D, E, and No. 3.

Reasons

Punishment of the crime

[criminal records] On January 18, 201, the Defendant was sentenced to an order to attach an electronic tracking device at the Busan District Court for three years and six years and fifteen years, and the sentence becomes final and conclusive on April 1, 201. On June 23, 2014, following the completion of the enforcement of the relevant imprisonment, the Defendant is a person who has installed a location tracking device under the protective observation under the Act on Protection, Observation, etc. from June 23, 2014.

On August 24, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Protection and Observation of Specific Offenders and Electronic Devices, etc. at the Busan District Court on November 18, 2016, and the judgment became final and conclusive on January 1, 2017, and completed the execution of the sentence in the Busan Detention House on January 1, 2017. On February 9, 2017, the Defendant was sentenced to two months of imprisonment for the same crime in the same court, and completed the execution of the sentence in the Busan Detention House on February 28, 2017.

[Criminal facts] 2017 Highest 383

1. On April 27, 2017, the Defendant: (a) around 10:30, on the ground that the world was located in 66 Doo-ro, Busan, Busan, and the world was not able to assist himself; and (b) the Defendant was unable to grasp the Defendant’s location as a deviation from the scope of responding to the attachment device by throwing a portable electronic device onto the surrounding area and moving it to another place, on the ground that he did not assist himself.

As a result, the defendant has harmed the utility of the electronic device by arbitrarily separating and damaging the electronic device from the body during the period of attachment of the electronic device.

"2017 Highest 801"

2. Violation of duty to maintain the utility of electronic device;

A. On July 6, 2017, from around 08:54 to around 09:30 on the same day, the Defendant had the utility of the electronic device for about 36 minutes from around 08:5 to around 09:30 of the same day by having a portable electronic device installed in the Defendant’s dwelling at the Busan L/C building C, to another place, thereby making it impossible for the Defendant to grasp the location of the Defendant due to the escape from the scope

B. The Defendant, from around 21:53 on the same day to around 23:58 on the same day, moved to another place with a portable electronic device installed at the Defendant’s residence, such as the preceding paragraph, for about two hours.