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(영문) 대구지방법원 2016.11.29 2016고단4677

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

A fine of 500,000 won shall be imposed for each of the crimes of No. 2 and No. 3 in the list of crimes of No. 1 in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Daegu District Court on July 24, 2014, sentenced six months to imprisonment for a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on August 1, 2014, and completed the execution of the sentence in the Daegu Detention House on October 18, 2014, and is currently under the period of repeated crime.

【Criminal Facts】

On May 28, 2010, the Defendant ordered on May 28, 2010, the Daegu District Court to attach an electronic tracking device for ten years to the crime of rape injury, and the matters to be observed [1. Restriction on outing at a specific time, such as night, during the period of attachment of an electronic tracking device (0:00~06:00);

2. A person who has received a decision to impose sexual assault treatment programs conducted by a probation office for 40 hours during the period of installation of an electronic tracking device and is subject to the attachment of an electronic tracking device from November 8, 2012;

1. On June 9, 2013, the Defendant violated the limitation on outing out of the country by returning home at around 00:25, on the ground that he/she had friends and alcohols in the long-term and non-dong-gu, Seogu, Seo-gu, Daegu, on June 9, 2013.

In addition, from that time until November 7, 2014, the Defendant committed a violation of the restriction on outing of a specific time zone four times in total, such as the entry No. 1 to No. 4 of the annexed Table of Crimes.

2. Although the Defendant received education at the Daegu Probation Office, which provided that he/she shall not arbitrarily separate, damage, interfere with propagation, alter flood data, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device, the Defendant released the digital tracking device from the Defendant’s residence to 05:06, from 04:58 to 06, and from 05:37 to 06:00, while leaving the place of residence by separating the portable tracking device from his/her body for about 31 minutes.

3. The defendant is in violation of the duty to comply with probation again.

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