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(영문) 광주지방법원 2013.06.21 2013고단1231
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2013, after receiving a decision from the Gwangju District Court to attach an electronic tracking device for three years pursuant to the Act on the Electronic Monitoring of Specific Sexual Offenders, the above decision becomes final and conclusive on March 5, 2013; and a person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, alter data received, or otherwise impair its utility.

[2013 Highest 1231] Although the Defendant started to install an electronic device in accordance with the above decision on March 11, 2013, the Defendant cut off the device from his body by using nbs and cut off the device on the ground that he had his blood and answer, due to electronic shock in the front orchard of Gwangju Seo-gu, Seo-gu, Gwangju, about 17:19 on the same day.

[2013 Highest 1694] On March 11, 2013, the Defendant cut the attachment apparatus from the body to the upper end of the Defendant’s residence located in Gwangju-gu, Gwangju-gu, on March 30, 2013, on the ground that he was locked at the lower end of the Defendant’s residence located in Gwangju-gu, and caused its utility by arbitrarily separating it from the body.

[2006] On April 28, 2013, the Defendant, around 06:30 on the roads located in Seo-gu, Gwangju, Seo-gu, Gwangju, said that the Defendant provided accommodation to the Defendant, and lived together with the Defendant, “if he does not want to do so, he would be able to do so.” The Defendant damaged the location tracking device, which he was in possession, by putting in the wall side of the main gate, and thereby has damaged its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Damage of electronic devices, photographs of damaged electronic projecters, photographs of household effects, investigation reports (related to equipment photographs of electronic projecters);

1. Application of Acts and subordinate statutes to the direction of execution, a copy of judgment, and a copy of decision;

1. Articles 38 and 14(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for each of the pertinent Articles of the Act and the choice of punishment, respectively.

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