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(영문) 부산지방법원 2016.12.23 2016고단6165
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2011, the Defendant is a person subject to probation and location tracking who was sentenced to an order to attach a location tracking device to the electronic device in 10 years and matters to be observed (such as prohibiting drinking at least 0.05% of alcohol during blood) in March 18, 201, and was sentenced to imprisonment with prison labor at the Busan District Court on March 18, 201, and was released from prison on July 16, 201.

1. Violation of the Act on Probation and Electronic Monitoring, etc. for Specific Offenders (Violation of Matters to be Observed);

A. From September 5, 2014 to the same month, the Defendant who violated the prohibition of drinking more than a certain quantity

6. up to the morning of Busan Seo-gu to the level of 0.068% alcohol level in the vicinity of the Mauritius, it violated the rules of the court.

B. Around September 6, 2014, the Defendant violated the duty to maintain the utility of the electronic tracking device (1) by failing to charge the electronic device on the ground that he was drunk in the “C Innickhouse” located in Busan Jung-gu, Busan, and thereby allowing all of the device to take off, for about one hour and 45 minutes until 08:56 on the same day.

(2) On May 3, 2015, at around 12:58, the Defendant, by failing to charge the electronic device at “E Hospital” located in Busan East-gu, Busan, and thereby allowing all of the device to take off, thereby impairing the utility of the electronic device for about 1:50 minutes from around 14:48 of the same day.

(3) On April 24, 2016, around 01:34, the Defendant maintained the utility of the electronic device for about four minutes by allowing all of the equipment to be taken off by failing to charge the electronic device in the vicinity of Jung-gu, Busan, Busan, by failing to charge the electronic device in the vicinity.

2. The Defendant received a written warning from the head of Busan Probation Office on September 15, 2014, in violation of the Act on Probation and the Attachment, etc. of Electronic Devices (re-violation of matters to be observed after warning).

The Defendant who has violated the prohibition of drinking above a certain amount shall be from May 24, 2016 to 22:00.

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