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(영문) 울산지방법원 2016.08.24 2015재고단49
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to a three-year imprisonment and seven-year order to attach an electronic tracking device due to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. of Minors under the age of 13), and was sentenced to an order to restrict outing, access to the victim, and an order to prohibit drinking with a alcohol content of at least 0.05% by special matters to be observed. On December 27, 2012, the Defendant was sentenced by the Busan High Court, which was the appellate court, for two years and six months, and was sentenced to an appeal on the installation of an electronic device and the special matters to be observed. On March 14, 2013, the judgment became final and conclusive and the enforcement of the sentence was terminated on January 22, 2015, and at the same time, the electronic tracking device was installed from January 31, 2015 to the beginning station.

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

A. Violation of an order to restrict departure was imposed upon the Defendant at the same time upon the foregoing Ulsan District Court to issue an order to attach an electronic device “the Defendant shall not leave the electronic device outside his/her residence from 00:00 to 06:00 each day during the period of attachment of the electronic device.”

1) On February 6, 2015, the Defendant, from around 00:00 to around 00:50 on the same day, went out from Ulsan Jung-gu C in violation of an order of restriction on going out of the country from around 00 minutes to around 00:50 on the same day.

2) On February 9, 2015, from around 00:00 to around 00:09 of the same day, the Defendant went out outside of his residence in Ulsan middle-gu D in violation of a total of nine minutes restriction order.

B. The Defendant violated the drinking prohibition order was issued by the said Ulsan District Court to issue an order to attach an electronic device, and at the same time, was imposed with the obligation of “the Defendant shall not drink more than 0.05% alcohol content during the period of the electronic device attachment.”

On February 5, 2015, the Defendant measured at the Ulsan-gu E, Ulsan-gu, Maulius on February 6, 2015.

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