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(영문) 서울서부지방법원 2016.02.18 2015고단3324

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Crime of Crimes] On January 19, 2010, the Defendant was sentenced to 4 years of imprisonment with prison labor for rape, etc. at the Gwangju District Court, and on May 20, 2014, the Defendant completed the execution of the sentence at a wooden Prison on May 20, 2014. On June 10, 2015, the Seoul Western District Court was sentenced to a fine of 5 million won for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., and the Defendant appealed and is still pending in the appellate trial.

[2] On January 19, 2010, the Defendant was sentenced to 4 years of imprisonment with prison labor for rape, etc. at the Gwangju District Court, and 5 years of attachment order to an electronic tracking device, and was currently being installed with an electronic device, and was subject to a duty to comply by the court that “the Defendant shall not leave the place of residence from 00:00 to 06:00 each day during the period of attachment of the electronic device.”

On June 18, 2014, the Defendant violated the rules of prohibition of going out during a specific time period of time by failing to return home in Eunpyeong-gu Seoul on October 26, 2014 without justifiable grounds, and violated the rules of prohibition of going out during a specific time period of time between around 00:05 and around November 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written request for investigation;

1. A written direction for execution of an attachment order;

1. Status of observation on protection;

1. Status of processing, such as location tracking, risk warning, etc.;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, text of judgment, and protocol of suspect interrogation of the accused;

1. Article 39 (2) of the Act on the Protection of Specific Criminal Offenders, Electronic Monitoring, etc., and Article 32 (3) 1 of the Act on the Observation, etc. of Protection against Specific Criminal Offenders (or choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.