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(영문) 대전지방법원 공주지원 2018.08.17 2018고단250
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On November 8, 2012, the Defendant was sentenced to one year of imprisonment and three years of electronic device attachment, etc. by violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Jeju District Court on November 8, 2012. On December 10, 2015, the Jeju District Court sentenced the Defendant to one year and ten months of imprisonment and completed the execution of the sentence at the Jeju District Court on March 10, 2017.

[Criminal facts] A person with an electronic tracking device installed shall not arbitrarily separate, damage, interfere with the dissemination of, alter data received from his/her body, or otherwise impair its utility during the period of attachment of the electronic device.

1. Nevertheless, the Defendant, at around 16:51 on November 13, 2017, posted a portable tracking device at the Defendant’s residence in Cheongyang-gun, Cheongyang-gun, with no contact, such as a mobile phone after leaving the Defendant’s residence, and thereby, was called out by the Seoyang-gun, Cheongyang-gun, Cheongyang-gun, a branch of the Daejeon Branch of the Cheongyang-gun, Cheongyang-gun, and thus making it impossible to track the location through the portable device for about one hour and twenty minutes until the Defendant was found out of the branch of the Cheongyang-gun, Cheongyang-gun, and thus making it impossible to track the location through the portable device.

2. On November 13, 2017, at around 18:42, the Defendant continued to leave the place specified in paragraph (1) and went out without receiving a cell phone, and thus, the Defendant reconfisced to the competent district office of the Daejeon Probationary Station, which made it impossible to track the location through a portable device for about 1:10 minutes and 10 minutes until the Defendant was able to take measures to return home at his/her residence.

3. On December 30, 201, at around 17:01 on December 30, 201, the Defendant: (a) went out to a police officer who was sent out from G located in the Jung-gu, Daejeon; and (b) under the mutual cooperation of the new transmission response team and the Cheongyang Police Station, etc., of the Daejeon Branch of the Daejeon Security Station by laying the portable tracking device intentionally while being laid out in the said residence after going out with E, which is the type of the Defendant, at the location described in paragraph (1) of this Article.

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