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(영문) 창원지방법원 마산지원 2014.01.29 2014고단27
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not less than six months and a fine not exceeding three million won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

On December 1, 2005, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Busan High Court, and completed the execution of the said sentence at the Jinju Prison on October 1, 2007. On May 19, 2011, the Defendant was sentenced to seven years to an order to attach an electronic tracking device at the Busan District Court to attach an electronic tracking device, and was ordered to complete a program for 40 hours for a sexual assault treatment program.

On the other hand, on November 5, 2009, the Defendant was sentenced to three years and two months of imprisonment due to indecent act by force in the territory of the Changwon District Court on the part of the Defendant, and completed the execution of the said sentence in the Changwon Prison on May 31, 2013.

1. At night, the Defendant was sentenced to an order to attach an electronic tracking device from the Busan District Court to an order to attach an electronic device as above, and at the same time, the Defendant was subject to the obligation to comply with “from 24:00 to 06:00 each day during the period of attachment of an electronic device, not going out of the respondent’s residence.” However, from around 00:0 on September 5, 2013 to 06:00, the Defendant was going out of the Defendant’s residence located in the Chang Simsan Member C from around 00 to November 14, 2013, and was going out from the place of residence in violation of the order to restrict going out on 19 occasions, such as the list of crimes in attached Form (1).

2. On September 16, 2013, from around 16:05 to around 17:08 of the same day, the Defendant left the country without carrying a portable tracking device for 63 minutes at the front of the Defendant’s domicile, thereby undermining its utility by causing a escape warning from the scope of response to the attachment device, and even from around that time to November 9, 2013, the Defendant has impaired its utility in the same way as indicated in the attached list of crimes (2).

3. On October 24, 2013, the Defendant, who violated a portable tracking device signal missing, installed a portable tracking device at the Defendant’s domicile from around 33:35 to 00:35, and installed a portable tracking device for 60 minutes.

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