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(영문) 대구지방법원 포항지원 2013.12.12 2013고단1163

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 12, 2007, the Defendant was sentenced to six years and six months of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. in Relatives) in the Daegu District Court Kimcheon Branch on January 12, 2007, and on April 11, 2013, the Defendant ordered the attachment of an electronic tracking device for seven years as the case of attachment order after the first instance judgment from the Seo branch of the Daegu District Court on April 11, 2013 and completed the execution of the sentence in the Daegu Prison on May 16,

On May 16, 2013, the Defendant: (a) was a person who had attached a location tracking device upon the completion of the execution of the sentence, as described in the foregoing criminal records; (b) was installed with an electronic device, and (c) was unable to arbitrarily separate or damage the electronic device from his body during the electronic device installation period by means of arbitrarily separation, damage, interference with propagation, alteration of data received, or by other means; (d) on November 10:53, 2013, the Defendant damaged the rap by means of cutting down the portable location tracking device attached to the left part of the port C in the south-gu Port C of the Republic of Korea, and then arbitrarily divided it from his body.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation reports (related to request for investigation by the Daegu Probation Office), investigation reports (personal location information of a suspect), investigation reports (information on the electronic device GPS of a suspect), investigation reports (fields where a suspect has damaged the electronic device), investigation reports (damage to the electronic device);

1. Previous records: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (a final and conclusive judgment, etc.);

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit the crime;

1. The electronic device is arbitrarily separated from the body of a criminal defendant who committed a specific sexual crime, such as a previous criminal record of the first head as stated in the sentencing reason of Article 35 of the Criminal Act, even though he/she had an electronic tracking device installed to prevent recidivism.