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(영문) 의정부지방법원 2016.02.01 2015고단4621

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

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

Reasons

Punishment of the crime

[2] On February 22, 2008, the Defendant was sentenced to seven years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (special robbery, etc.) at the Busan District Court, and completed the execution of the above sentence at the Ganyang Prison on January 5, 2015. On November 5, 2014, the Defendant was ordered to attach an electronic tracking device on January 5, 2015, with a location tracking device attached for ten years at the Changwon District Court’s smuggling support.

[Criminal facts] A person who has an electronic device installed shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, damage it, interfere with its propagation, alter data received, or otherwise impair its utility.

Nevertheless, the Defendant, at around 12:32 on November 17, 2015, disputes over the issue of marriage with D and marriage, which is a woman of matrimonial engagement, from the above D to the point of “whether it is trusted and married;

In the future, I heard the end of “I must walk up several years,” and cut off the portable tracking device installed on the wall, and cut off the installation being filled up by a nier on TV at this point.

Accordingly, the defendant arbitrarily separated and damaged the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A criminal investigation report (a copy, such as a protective observation card and a direction to execute an attachment order, and an electronic device and a seizure of a damaged tool);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

1. Article 38 and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices, punishment to be imposed on the crime;

1. The effectiveness of the Act on the Monitoring of Specific Criminal Offenders, which aims to protect the people from specific crimes, by preventing recidivism by sexual offenders with the reason for sentencing Article 35 of the Criminal Act and promoting re-suppression through correcting their personality and behavior.