beta
(영문) 창원지방법원 2017.06.15 2017고정214

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 5, 2003, the Defendant was sentenced to four years of imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof in the Busan District Court on March 18, 2004, and the judgment becomes final and conclusive on March 18, 2004. On February 21, 2011, the Busan District Court limits the location tracking electronic device attachment order for five years to the Si/Gun/Gu having jurisdiction over the place of residence reported to the head of the competent office for the protection and observation of the electronic device attachment order along with the order to attach an electronic device for five years at the Busan District Court to the Si/Gun/Gu having jurisdiction over the place of residence, and operates a trip out of his/her place of residence, the Defendant is obliged to report the reason, period, place of movement, etc. to the head of the competent registry and to obtain permission.

2. Criminal facts;

A. From August 28, 2015 to September 19, 2015, the Defendant violated the above matters to be observed, which are incidental to an order to attach an electronic device, by either reporting to the probationary officer of the Changwon Protection Station or leaving his/her residence for about 21 days without obtaining permission.

B. As above, the Defendant was issued an order to attach an electronic device and subject to protection surveillance during the period of attachment, and thus, he/she shall stay in the place of residence, engage in his/her occupation, engage in his/her occupation, comply with the direction and supervision of the protection observation officer, and comply with the matters to be observed by the protection observation officer when visiting.

However, the Defendant received a written warning on May 20, 201, in violation of matters to be observed in relation to the restrictions on residential areas, and refused to comply with the instruction and supervision of the protection observation officer, and received a written warning on May 28, 2014.

As above, the Defendant, upon receiving written warnings in violation of the matters to be observed by a person subject to protection observation, violated the following rules without justifiable grounds.

(1) On September 4, 2015, in order to guide and supervise the defendant's living, the defendant sent a phone call to the head of the Changwon Protection Station C to instruct and supervise the defendant's living, so it is difficult for the defendant to do so.