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(영문) 수원지방법원 2018.01.11 2017고정2746
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. A person who has violated the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices (referring to any act that impairs the utility of an electronic device) shall not arbitrarily separate, damage, interfere with the dissemination of, alter data received from his/her body during the period of attachment of the electronic device, or impair the utility thereof by any other means;

Nevertheless, the Defendant, at around December 10, 2016, laid down a portable tracking device in front of the residence B, 402, in the front of the wife B, and 402, while having the wife C in a dispute with the wife C, thereby impairing its utility.

2. No person who has violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. (Violation of Matters to be Observed) shall violate any of the matters to be observed by the court without justifiable grounds;

On March 12, 2014, the Defendant was subject to the ruling on the attachment of an electronic tracking device for five years from the Chuncheon District Court’s original branch and the Defendant’s compliance with the rules, such as “from 23:00 to 06:30 each day, to stay in a residential area reported to the protection observation office.”

Nevertheless, on December 10, 2016, the Defendant violated the code of practice by leaving his residence from around 23:00 to around 11:03:17, which was the next day, and returning to the Young-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A processing ledger, such as a photo of portable tracking device, judicial door, location tracking risk alert, etc.;

1. Application of Acts and subordinate statutes to data on the investigation report (CCTV) and CCTV screen;

1. Article 38, Article 14 (1) (excluding punishment), Article 39 (3), and Article 9-2 (1) 1 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders under the relevant Act on the Electronic Monitoring, etc. of Electronic Monitoring, Etc. of Specific Criminal Offenders;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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