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(영문) 울산지방법원 2017.06.21 2017고단794
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

No. 1 of the judgment of the defendant

A. 1-4 months of imprisonment with prison labor for a period of 1,2 months per annum of the list of annexed crimes among crimes, and No. 1-2 of the judgment.

Reasons

Punishment of the crime

On February 20, 2014, the Defendant was sentenced to one year to imprisonment for the violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. at the Ulsan District Court, and the execution of the sentence was terminated in Busan District Court on November 29, 2014. On June 11, 2015, the Ulsan District Court sentenced the Defendant to one year and six months of imprisonment for the violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., and completed the execution of the sentence on August 18, 2015.

"2017 Highest 794"

1. Violation of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc.;

A. On August 20, 2010, the Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) at the Ulsan District Court on August 20, 201, and attached a location tracking device for six years from February 18, 2013 to an electronic device attachment order.

No person with an electronic device attached (hereinafter referred to as "person subject to the attachment of an electronic device") shall arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

Nevertheless, on May 2, 2015, from around 16:38 to 20:46 the same day, the Defendant has impaired its utility by making it impossible to identify the location of the Defendant by failing to charge all of the portable location tracking devices at a bus terminal located in smuggling-ro 7 and smuggling-si, in a way that all of the portable location tracking devices can not be known. Furthermore, from around that time to March 15, 2017, the Defendant has impaired the utility of location tracking devices more than 12 times, as shown in the separate list of crimes, from around 06:39.

(b) A person subject to attachment of an electronic device who violates any of the matters to be observed by the person subject to attachment of the electronic device shall receive a warning, in violation of the matters to be observed under the Act on the Protection, Observation, etc. without justifiable grounds.

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