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(영문) 광주지방법원 2015.08.26 2015고단1304
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On July 18, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Probation and Electronic Monitoring, etc. against Specific Offenders in the Gwangju District Court’s net support. On December 15, 2014, the Defendant completed the execution of the said sentence in the Net Prison.

【Criminal Facts】

1. On April 30, 2013, the Defendant violated the Act on Probation and the Attachment, etc. of Electronic Devices against Specific Offenders, was sentenced to an order to attach an electronic tracking device for seven years at the Daegu District Court Pohang Port on April 30, 2013, and is in line with a location tracking device from November 9, 2013.

No person who has attached an electronic device 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.

Nevertheless, at around 08:00 on January 19, 2015, the Defendant failed to comply with the instructions to charge a portable tracking device from D and E, an employee of the probation office called up at around 09:35 on the same day, which he/she was under the command to charge a portable tracking device at the seat of Gwangju-dong-gu, Gwangju-dong-dong-dong-dong-gu, and thereby harming the utility of the device by neglecting the portable tracking device for about two hours until he/she is arrested as a flagrant offender at the same place at around 09:58 on the same day.

2. On January 19, 2015, at around 09:35, the Defendant was required to charge a portable tracking device on the front of the F convenience store located in Gwangju-dong-gu, Gwangju-gu, by a public official in charge of the Gwangju Probation Office, who was called the site, the Defendant: (a) expressed that “I ambling off the shock, spacife, spacife, spacife, spacife, spacife, spacife, spacife, and spacife, spacife, spacife, and spacife in the inside; and (b) ambife the above D while biffing it with the left hand; and (c) carried the portable tracking device on the floor, etc., thereby threatening the probation officer.

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