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(영문) 인천지방법원 2015.04.24 2015고단1366
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 17, 2006, the Defendant sentenced 8 years to imprisonment with labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.) at the Seoul High Court on August 17, 2006, and completed the execution of the above sentence on October 9,

On October 9, 2014, the Defendant, as indicated in the record of the instant criminal records, attached a location tracking device (hereinafter referred to as “electronic device”) upon the completion of the execution of the sentence in the guard prison, and was imposed on the Defendant’s duty to keep the Defendant out of the Defendant’s residence from 00:00 to 06:00 each day during the period of electronic device attachment to 06:0 each day during which the Defendant issued a judgment on the attachment order of an electronic device.

1. A person who has a portable tracking device installed with an electronic tracking device (hereinafter referred to as "person subject to attachment") shall not arbitrarily separate, damage, or otherwise impair the utility of the electronic device from his/her body during the period of attachment of the electronic device;

Nevertheless, the Defendant, without carrying a portable tracking device over two occasions, went out out to the country, and caused a escape warning from the scope of response to the attachment device, thereby ensuring its utility.

On January 2, 2015, the Defendant did not carry the “portable tracking device” from around 01:29 to around 01:35, and went out of the Defendant’s residence in Namdong-gu, Incheon Metropolitan City, and unilaterally told the staff in charge of the Incheon Probation Office that he would have a cellular device “to leave the cell” and intentionally caused a escape warning for the scope of “portable device” for about six minutes by stopping the telephone, thereby undermining its utility.

B. On January 2, 2015, from around 01:40 to 03:28, the Defendant did not carry a “portable tracking device” and instructed the Defendant to possess a portable device, the staff in charge of the Incheon Probation Office, who is located outside the Defendant’s residence, and instructed the Defendant to possess a telephone carrying device, and the Defendant did not know of the location within the money, and doing so at the probation office.

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