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(영문) 대구지방법원 포항지원 2017.08.09 2017고단710
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to a fine of three million won on April 5, 2017 due to a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Daegu District Court Port Support on May 12, 2016, and completed the execution of the sentence.

On August 12, 2005, the Defendant was sentenced to seven years of imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc.) in the Daegu District Court Port Support on August 12, 2005, and completed the execution of the sentence on June 12, 2012, and attached a location tracking device on November 8, 2013 at the location tracking device attachment order at the Cheongju District Court Support on November 8, 2013.

1. A person who has violated his/her duty to maintain the utility of an electronic device shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, damage it, interfere with propagation, alter data received, or otherwise impair its utility;

Nevertheless, on June 1, 2017, from around 23:06 to 15:07 of the following day, the Defendant, without carrying a portable tracking device that is an electronic device, went away from the Defendant’s residence and went away from the south-gu C and 103, thereby impairing the utility of the electronic device by causing a escape warning within the scope of responding to the attachment device.

2. On November 8, 2013, the Defendant, who violated the rules of limitation on outing imposed by the court, was subject to the rules of compliance with the order to attach the above electronic device from the Cheongju District Court’s support to the Cheongju District Court, stating that “the Defendant shall take out out outside the residence reported to the protection observation office from 23:00 to 06:00 each day during the period of attaching the electronic device” along with the order to attach the electronic device.

Nevertheless, on June 1, 2017, the Defendant, from around 23:06 to 15:07 of the following day, failed to comply with the rules imposed by the court without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Investigative Report (Recovery of electronic devices and attaching photographs), investigation report (the staff of the Protection Monitoring Office);

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