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(영문) 서울서부지방법원 2015.05.28 2015고단565

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 16, 2007, the Defendant was sentenced to five years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special indecent act by force) at the Seoul Western District Court on September 18, 2012, and completed the execution of the sentence at the chemical training center.

【Criminal Facts】

On May 6, 2014, the Defendant was ordered by the Seoul High Court to issue an order to attach an electronic tracking device for five years at the Seoul High Court on May 6, 201, and to observe the rules, such as “from 23:00 every day during the period of electronic device attachment to 06:0 the next day to 06:00.”

1. Violation of obligations;

A. From January 10, 2015 to around 05:30 of the following day, the Defendant violated the matters to be observed by the person who requested an attachment order, such as disregarding the direction of the probation officer belonging to the Seoul Western Probation Office, who goes home, and refusing to return home to his/her residence, on the ground that he/she was under the influence of alcohol in the residence of a female-friendly district located in Seodaemun-gu Seoul Metropolitan Government.

B. From 00:35 on January 12, 2015 to 01:15 on the following day, the Defendant violated the matters to be observed by the person subject to the request for attachment order, such as neglecting the direction of the probation officer of the Seoul Western Probation Office who takes home on the ground that he/she was taking a female-child address, and refusing to return home to his/her residence, on the ground that he/she did not have the direction of the probation officer of the Seoul Western Probation Office who takes home.

2. The Defendant damaged an electronic device: (a) at the time and place of paragraph (b) of Article 1-2; (b) at the Seoul Western Probation Office’s probation officer’s probation office’s search for returning home to Korea; and (c) at the same time, the said speech was carried out on two occasions on the glass door installed at the e-site entrance of the e-mail unit, thereby destroying the electronic device’s e-mail length; and (b) destroying its inner parts, charging parts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Text of decision;

1. A direction for execution of an attachment order;

1. A written confirmation of the obligations to be fulfilled before execution of an attachment order;