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(영문) 부산지방법원 2014.03.10 2014고정239
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in Busan District Court’s Dong Branch, for one year and six months, 10 years, and matters to be observed (the victim’s access prohibition, the implementation of sexual violence programs for 100 hours, and the prohibition of excessive drinking). From February 3, 2013, the execution of the above imprisonment was completed, the Defendant is under the period of attachment by attaching an electronic tracking device in accordance with the above location tracking device attachment order.

1. A person who has an electronic device installed with a point that impairs the utility of the electronic device shall not arbitrarily separate or damage the electronic device from his body during the period of attachment of the electronic device, interfere with its propagation, alter the data received, or otherwise impair the utility of the electronic device, as follows:

The Defendant did not charge a portable location tracking device without good cause, and thus, caused its utility by extinguishing all of the invoices of the said device from March 8, 2013 to 15:37 of the same day.

B. On March 10, 2013, around 22:46, the Defendant: (a) around March 15:37, 2013, the probation officer installed in the Defendant’s residence [Sasan-gu B, 112 Dong 1306 (C apartment)] inside the bank; (b) extracted the power source code of the re-house supervisory device that connects all of them; (c) subsequently, the Defendant breached the direction of the Daejeon Location Monitoring Control Center to connect the power source code; and (d) around that time, the use of the location tracking device was impaired by compulsorily removing the said devices from the first place where the re-house supervisory device was installed.

2. A point of violation of the code of practice (Prohibition of excessive drinking); or

A. On March 8, 2013, the Defendant violated the above matters to be observed by excessively exercising galming in the E market located in the dwelling area as stated in Paragraph (1) and in Busan Seo-gu D.

(The blood alcohol concentration measured at 15:40 on the same day was 0.261 percent). (b)

On March 10, 2013, the Defendant obtained from the branch in the upper place of residence.

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