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(영문) 광주지방법원 순천지원 2013.05.31 2013고정300
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On May 9, 2002, the Defendant was sentenced to 10 years of imprisonment with prison labor for murder and larceny at the Seoul Central District Court and was sentenced to 10 years of imprisonment with prison labor in a medical treatment and custody center on July 27, 201, and was sentenced to 3 years of provisional termination and attachment order for electronic tracking devices by the Medical Treatment and Custody Deliberation Committee on July 27, 201 and served 6 months of remaining prisons.

On January 21, 2012, the release was made.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation of the electronic device, alter data received, or otherwise impair its utility during the period of attachment of the electronic device.

Nevertheless, on January 22, 2012, when the Defendant attached a portable location tracking device and electronic device in accordance with the order to attach an electronic tracking device in front of the Defendant’s house located at the time of credit on January 22, 2012, the Defendant was educated by the staff in charge of the relevant probation office that he/she would be punished when he/she arbitrarily separates, damages, or interferes with radio waves from his/her body, thereby impairing the utility of the electronic device. However, on November 26, 2012, the Defendant was damaged by installing a portable location tracking device on the floor at the entrance of the Geumcheon-gu, Busan Metropolitan City bus Terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Determinations of medical treatment and custody deliberation committees;

1. Notification of subjects for electronic device request;

1. Probation cards;

1. Application of Acts and subordinate statutes of a notification and confirmation of obligations before executing an attachment order;

1. Article 38 of the relevant Act on the Punishment of Criminal Crimes and Articles 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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