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(영문) 대전지방법원 공주지원 2014.03.28 2013고단164
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 30, 1997, the Defendant was sentenced to 10 years of imprisonment with prison labor for murder, etc. at Seoul High Court, and was sentenced to medical treatment and custody on December 26, 2012 during the execution of medical treatment and custody, and was subject to the provisional termination of the Medical Treatment and Custody Deliberation Committee (three years of probation and location tracking), and attached an electronic tracking device on January 3, 2013.

A person with a location tracking device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device in his/her body during the period of installation of the electronic device, but the Defendant, at around 09:02, around January 5, 2013, at the Central Control Center of Seoul Jung-gu, Jung-gu, Seoul, Seoul, 639-12, the Defendant, despite being ordered to charge a low-power warning from the Central Control Center, thereby impairing the utility of the electronic device at least 15 times in total, from around that time to February 24, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Request for investigation, probation cards, written decision on attachment of an electronic device, each warning letter, each warning reason, comprehensive report on location tracking, execution and supervision, results of tracking, execution and supervision of locations, and probation conditions;

1. Previous convictions in judgment: The application of criminal records investigation and probation cards and Acts and subordinate statutes;

1. Article 38 and Article 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, who are applicable to the relevant criminal facts and to the choice of punishment;

1. From the specific crime, a citizen is subject to additional measures, such as tracking his or her behavior and tracking his or her body in order to re-socialize through the prevention of recidivism by a specific sex offender for the reason of sentencing and the correction of character and behavior, as well as attaching an electronic device that enables identification of his or her location among concurrent crimes.

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