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(영문) 대구지방법원 2013.05.09 2013고단1560
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Of the facts charged of this case, assault is used.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant sentenced on one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) (a property damage, such as a deadly weapon) at the Daegu District Court on May 4, 2012, and completed the execution of the sentence in the Daegu Prison on

1. The defendant who violated the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders was sentenced to an order to complete five years to attach an electronic tracking device to an electronic tracking device and 80 hours to complete a sexual assault treatment program conducted by the probation office on August 19, 2010 at the port and port of Daegu District Court, as a crime of rape and injury, and the same year;

8. On December 20, 201, an electronic device was attached to the port prison, and was detained on December 20, 201, and was detained in the Daegu detention center, and thereafter, on May 4, 2012, the Daegu District Court was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, Etc. (a collective weapon, etc.) and released from the Daegu detention center on December 11 of the same year.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally.

Nevertheless, at around 04:49-06:12 on January 20, 2013, the Defendant released the electronic device without possessing a portable tracking device, and went away from the scope of responding to the electronic device, thereby impairing the utility of the electronic device, and thereafter, up to 05:32-06:07 on February 5, 2013, the Defendant maintained the utility of the electronic device at least eight times in total, as shown in the list of crimes.

2. On February 2, 2013, the Defendant of obstruction of performance of official duties, at around 16:02, on the same day, called a phone with a police box of the Gyeongbuk-gu Police Station D, where the police officer called out to the police station as his drinking disturbance on the same day at the Defendant’s residence located in Gyeongdong-gun C of the Republic of Korea on the same day.

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