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(영문) 대구지방법원 서부지원 2019.02.20 2018고단2652

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

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The defendant shall be punished by imprisonment for each of the crimes described in the (i) and (ii) and (iii) of the 2018 Godan2652(1) and (2) of the judgment of the court below.

Reasons

Punishment of the crime

【Criminal Power】 On April 27, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with business, etc. at the Daegu District Court on April 27, 2017, and completed the execution of the sentence at the Daegu District Court on June 6, 2017. On January 11, 2018, the Daegu District Court sentenced four months of imprisonment with prison labor for fraud at the Daegu District Court on February 2, 2018, and completed the execution of the sentence at the Daegu District Court on March 17, 2018.

【Criminal Facts】 On June 13, 2013, the Defendant: (a) was sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-rape, etc. under thirteen years of age); and (b) six years of imprisonment for a location tracking device attachment order; and (c) on November 14, 2014, the Defendant attached a location tracking device from the date on which he/she was released from Daegu Prison upon expiration of the term of punishment.

1. On June 9, 2017, the Defendant violated the duty to maintain the use of an electronic tracking device, at around 21:32, the Defendant left the portable tracking device on the street in front of the Seo-gu Daegu Metropolitan City B hotel, and found the aforementioned portable tracking device to be installed at the Seo-gu Probation Office’s electronic supervision response team at the above portable tracking device at around 22:46 on the same day, and at around 14:14:0, the Defendant again found the tracking device at around 14 minutes prior to the payment of the device to the Defendant, and thus, the Defendant was unable to receive the Defendant’s accurate location information, thereby impairing the utility of the location tracking device, such as making it impossible to confirm the Defendant’s location during the above period.

2. On October 10, 2017, the Defendant, who violated the restriction on outing at night, including night, was additionally imposed by the branch court of the Daegu District Court on matters to be observed at night, and despite the receipt of a warning on October 30, 2017, the Defendant violated the following matters to be observed at night on 12 occasions without justifiable grounds.

(1) On November 17, 2017, the Defendant is in an French place at approximately 04:55.