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(영문) 대구지방법원 의성지원 2018.08.30 2018고단99
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 30, 2009, the Defendant was sentenced to seven years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) at the Busan High Court on September 30, 200, and completed the execution of the sentence on April 22, 2017.

1. On July 3, 2018, at around 14:15, the Defendant violated his/her residence, following the victim D’s home located near the Gyeong-gun, Gyeongbuk-gun, Gyeongbuk-gun, the Defendant: (a) reported that he/she had clothes on the above house rooftop; (b) opened a string door, which was not corrected; and (c) entered the front door, which was not corrected, and invaded upon the victim’s residence.

2. On August 14, 2009, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices: (a) was sentenced by the Busan District Court to attach an electronic tracking device for three years on April 22, 2017 due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.).

No person who has an electronic tracking device installed shall 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.

The Defendant, as described in paragraph 1, committed a crime of intrusion upon residence, followed the Does of the house, and went out of the house, and was discovered to E who was the mother of D, and escaped to the Defendant’s residence located in the Gyeong-gun F of the Gyeong-gun, in order to avoid tracking.

On July 3, 2018, the Defendant discarded a receiver connected with an electronic device in the above residence, and around 14:24 on the same day, the Defendant borrowed a cutting machine from “H” located in Gyeong-gun G in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and separated the electronic device attached to the Defendant’s item from the device installed and discarded the device into the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and Gyeong-gun.

3. A thief Defendant, while escaping as above, was at around 15:00 on July 3, 2018, at around 15:00, 15:00, to the “J” located in Gyeongbuk-gun I, the victim K holding the wall adjacent to the said restaurant, and the victim K holding market value of KRW 3.80,000 is a test bicycle.

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