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(영문) 울산지방법원 2016.04.22 2015고정2009
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

On January 11, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Busan High Court on January 11, 2012, and was subject to an order to attach an electronic tracking device for two years, six months, and five years, and is obliged to attach an electronic tracking device from February 25, 2014.

A person with an electronic device installed shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, interfere with propagation, alter data received, or otherwise impair its utility, and shall charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally in order to maintain the utility of the electronic device.

1. On June 10, 2015, from around 20:12 to around 21:53, the Defendant has impaired the utility of an electronic device by causing the missing phenomenon of a portable device for a total of one hour and 41 minutes by viewing adult video works in Ulsan Jung-gu B and in one underground floor C, in a manner of viewing adult video works.

2. On August 16, 2015, the Defendant, with a portable tracking device installed in his/her residence located in Ulsan-gu, Ulsan-gu, and purchased one cigarette and a galle at the convenience store located in the south-gu, Ulsan-gu, by continuously purchasing the galle at the convenience store located in the defendant’s residence, thereby impairing the utility of the electronic device by intentionally causing the escape of the attachment range for a total of 26 minutes from 10:33 to 11:07 on the same day, from 10:25 to 11:51 on the same day.

3. On July 20, 2015, the Defendant: (a) obstructed the utility of the electronic device by using a fluorial article in his/her dwelling located in Ulsan-gu, Ulsan-gu; (b) thereby impairing the fluor’s plastic case at the lower corner of the front of the portable tracking device.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation request and a written direction to attach an electronic device;

1. Application of Acts and subordinate statutes to photograph portable devices;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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