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(영문) 울산지방법원 2012.12.06 2012고단3133
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor in the Ulsan District Court due to night residence intrusion and larceny, etc. on February 15, 2010, and completed the execution of the sentence in the previous prison on February 15, 2010.

【Criminal Facts】

On February 23, 2011, the Defendant received a decision from the Ulsan District Court ordering the attachment of a location tracking device (hereinafter “electronic device”) for five years, and attached the electronic device on March 21, 201 according to the said decision.

A person with an electronic device installed shall not arbitrarily separate or damage 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.

At around 04:18 on July 8, 2012, the Defendant told that “I am able to find out the portable tracking device,” even if he received an order for charging the portable tracking device from an employee of the probation office who confirmed the low power condition of the portable tracking device, and did not neglect the above order and intentionally charge the device, thereby leaving the portable tracking device entirely, and preventing the Defendant from checking the location of the Defendant for about 13 hours at a non-permanent location, as well as impairing the utility of the electronic tracking device from April 9, 201 to the above date by not carrying the portable tracking device, such as the list of crimes, on six occasions, and by not confirming the location of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written direction for the execution of an attachment order, each written decision (2010: early 3, 2010: early 2010; early 23, 2010); performance pledges; and written notice of special observance

1. Probation status, each location tracking, risk alert, etc., and a written confirmation of notification of obligations before executing an attachment order;

1. Previous convictions in judgment: Criminal records and investigation reports (the current status of personal identification and confinement) shall be applicable to statutes;

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