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(영문) 의정부지방법원 2014.06.12 2014고정488
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 18, 2013, in accordance with the former Act on the Electronic Monitoring of Specific Sexual Offenders, the Defendant was subject to a decision to attach a location tracking electronic device for three years (from 23:00 on each day to 06:00 on each day) and to impose an order to attach an electronic device and to take measures (from June 20, 2013 to 06:0 on each day), and the Defendant is under execution of an attachment order and probation at the Government Probation Office from June 20, 2013.

1. No person who has an electronic device attached in violation of the duty of a person wearing an electronic device shall arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with the dissemination thereof, alter data received, or otherwise impair its utility;

Nevertheless, the Defendant, at around July 22, 2013, did not charge, carry, or manage an electronic device so that the function of the electronic device can be maintained normally, and did not perform the obligation to charge a portable tracking device, thereby making it impossible to identify the location because he/she was missing.

2. Although the Defendant violated the rules of prohibition against outing at night, etc., he/she did not return to his/her place of residence within 23:00 on June 22, 2013, around 23:50 on September 6, 2013, and around 23:06 on October 1, 2013, and around 23:04 on October 1, 2013, and thus violated the said rules.

3. A person who has failed to comply with guidance and supervision of probation officers shall comply with guidance and supervision of probation officers, except in extenuating circumstances, and where the probation officers visit the probation officers, he/she shall comply therewith;

However, on October 1, 2013, the Defendant did not return to his/her country until October 23:10, and the probation officer instructed the Defendant to return to his/her country as a mobile phone and received a warning to him/her, but he/she did not continuously receive the phone thereafter, and did not comply with the direction and supervision of the probation officer on October 2, 2013.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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