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(영문) 부산지방법원 2013.04.04 2013고단767
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to six months in Busan District Court for violating the Act on the Electronic Monitoring, etc. of Specific Offenders, and completed the execution of the sentence in Busan Correctional Institution on June 15, 2012.

On October 27, 2010, the Defendant issued an order to attach an electronic tracking device for three years from the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (a minor, rape, etc. under the age of 13) at the Busan District Court on October 27, 201, and attached a location tracking device from November 6, 201.

A person with an electronic 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 attachment of the electronic device. However, the Defendant, around January 11, 2013, was unable to track the normal location of the electronic device in a way that he/she does not possess a portable location tracking device, which is located adjacent to the exit of the exit of Busan Sho-gu, Busan at around 2:08.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation;

1. A copy of judgment;

1. A report on violation by a person wearing an electronic device;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article 38 and Article 14 (1) of the Act on the Attachment, etc. of Electronic Monitoring of Specific Criminal Offenders who have the option to commit the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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