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(영문) 대구지방법원 2017.04.13 2016고단5611

마약류관리에관한법률위반(향정)등

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Defendant on July 2, 2013 among the 201st order 5611 cases in which the 201st order was held by Defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment on July 17, 2008, for the crime of injury by a minor during his/her expulsion, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on March 10, 201, and the execution of the sentence was terminated on March 10, 201. On January 25, 2011, the Defendant attached an electronic tracking device on March 10, 201 upon receipt of an order to attach an electronic tracking device for five years at the Jung-gu District Court to attach an electronic tracking device for five years; on April 24, 2015, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on April 24, 201, and the judgment became final and conclusive on May 26, 2015, and is not a narcotics handler who completed the execution of the order.

[Criminal facts]

1. No person who has an electronic device attached to a position tracking a violation of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc. shall be able to impair its utility by separating or damaging the electronic device at his/her own discretion from his/her body during the period of attachment of the electronic device, altering data received, or by any other means;

Nevertheless, the Defendant left a lock without connecting the “portable location tracking electronic device” that ought to be charged and possessed at around 12:38 on July 2, 2013, the same day after leaving the phone call, even though he received a telephone call from the Daegu Protection Monitoring Station site, to the effect that “portable tracking device is in a low power position.”

7.2. On May 18, 2016, around 12:45, the Defendant’s location signal was missing, and the Defendant’s location tracking device was removed, and the Defendant’s location tracking device’s location tracking device was 70 minutes connected to all of 13:55 on the same day, thereby undermining the utility of the “portable location tracking device” between approximately 70 minutes. From that time, until May 18, 2016, the location tracking device was harming the utility of the device, respectively, by causing a total of six times as indicated in the list of crimes in the attached Table.

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