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(영문) 창원지방법원 마산지원 2018.09.07 2018고단753
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to three years and six months of imprisonment due to a crime of bodily injury resulting from forced indecent act in the Changwon District Court Msan Branch, and the execution of the sentence was terminated at the Jinju Prison on June 12, 2018. On February 11, 2015, the Defendant was sentenced to an order to attach an electronic tracking device for the said criminal facts by the same court on February 11, 2015, and is in the installation of a location tracking device from June 12, 2018.

1. No person who has an electronic device installed in violation of the rules shall violate the rules imposed by the court without justifiable grounds;

Defendant issued an order to attach an electronic device as above and imposed an obligation to take out of the Defendant’s place outside the Defendant’s residence from 23:00 each day during the period of attachment of the electronic device from 23:00 to 06:00 of the following day, but the Defendant breached the duty to comply with, from 23:00 on June 13, 2018 to 00:43 of the following day, the Defendant breached the obligation to take out the Defendant’s place of residence in Changwon-si, a member of Changwon-si, a member of Changwon-si, and carried out drinking drinking. On June 15, 2018 to 03:00 of the following day, the Defendant breached the duty to comply.

2. No person who has failed to comply with the rules after warning the warden of the observation for protection shall violate the rules again after receiving warning under the Act on the Observation, etc. of Protection without justifiable grounds.

The Defendant, at around 10:30 on June 18, 2018, received a written warning from the Defendant in violation of the matters to be observed, as described in paragraph 1, at the Changwon Protection Surveillance Office located in the window of Changwon-si, Changwon-si, as indicated in paragraph 1, but again violated the above matters to be observed in the same manner seven times in total from June 19, 2018 to July 19, 2018, by leaving the Defendant’s residence and drinking alcohol, from around 23:00 on June 19, 2018 to around 01:12 on the following day.

Summary of Evidence

1. The defendant's person;

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