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(영문) 부산지방법원 동부지원 2013.07.23 2013고단1809

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

Text

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

Reasons

Punishment of the crime

On June 29, 2007, the Defendant was sentenced to six years of imprisonment for rape and bodily injury in Busan District Court's Dong Branch Branch, and completed the execution of the said sentence on April 5, 2013.

1. On February 21, 2013, the Defendant violated the Act on Probation and the Attachment, etc. of Electronic Devices against Specific Offenders, was sentenced to an attachment order of an electronic tracking device for five years from the crime of rape and bodily injury by rape at the Seo-gu District Court Branch, Daegu District Court, and attached an electronic device on April 5, 2013.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device during the period of attachment of the electronic device.

Defendant,

A. On April 8, 2013: (a) around 05:22, the utility of the electronic device was impaired by preventing the tracking of location for about 2 hours and 30 minutes from the Dong site of the Busan Probation Office by failing to carry a portable tracking device.

B. On the 17:19th of the same month, without properly filling the portable tracking device, at around 17:19, the aforementioned portable tracking device was put to work in E operated by the defendant in Busan, Daegu, and was prevented from tracking the location for about 15 minutes at the above probation office due to lack of power, thereby impairing the utility of the electronic tracking device.

C. On the 29th of the same month, at around 11:02, the Defendant’s home worked together with a portable tracking device and prevented the location tracking at the above probation office for about 1:34 minutes, thereby impairing the utility of the electronic device.

For the same year

6. 6. 08:04 around 08:04, while working in the above E, the electronic device was operated by putting a portable tracking device into the f-house, visiting the f-house and preventing the f-house from tracking a location for about 1:10 minutes at the above probation office.

E. On the 13th day of the same month, at around 22:00, the signal of the home-based supervisory device was cut off at the defendant's house and G probation officers find it at home.