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(영문) 수원지방법원 성남지원 2016.06.15 2016고단944
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

In regard to the crimes Nos. 1 through 2 of the crime list in the judgment of the defendant, a fine of 2 million won is imposed, and a net of 3 to 11.

Reasons

Punishment of the crime

[criminal record] On November 25, 2003, the Defendant was sentenced to one year and three months of imprisonment for a crime of causing bodily injury resulting from forced indecent conduct at the Seoul High Court, and on May 26, 2005, the Defendant was sentenced to two years and six months of imprisonment for the crime of causing bodily harm from rape at the Seoul Western District Court on September 26, 2007 and completed the enforcement of the sentence on September 26, 2007, upon receiving a decision to order the attachment of an electronic tracking device (hereinafter “electronic device”) for five years from the Sungnam branch of Suwon branch of Suwon Branch on September 30, 2013. Accordingly, the Defendant was ordered to attach the electronic device from October 21, 2013 to attach the electronic device, and on September 10, 2015, the Seoul High Court issued a decision to order the attachment of the electronic device for three years from the Seoul High Court.

[Criminal facts]

1. No person who has attached an electronic device shall violate any of the matters to be observed by the court without justifiable grounds;

On September 30, 2013, when the Defendant issued a judgment to attach an electronic device on September 30, 2013, the Defendant was subject to the observance of restrictions on outing from 23:00 each day to 06:00 of the following day, such as leaving out of his/her dwelling place. The Defendant was subject to the observance of restrictions on outing from around 00:0 each day to 06:00 on September 10, 2015.

Nevertheless, the Defendant, from around 23:00 on June 29, 2015 to around 05:19 the following day, went out from the place of residence to the place of residence without justifiable grounds, and violated the above rules of observance, as shown in the table Nos. 1 and 2 of the crime list from around the above day to August 8, 2015, without justifiable grounds.

2. Where a person who has attached an electronic device receives a warning from the head of the protective observation office due to a violation of the matters to be observed by a person subject to protective observation or the special matters to be observed by the court, he/she shall not repeat the said matters

The defendant does not comply with the direction and supervision of the protection observation officer, and the defendant gives a warning to the head of the Sung-nam branch of the Suwon Protection Station on August 11, 2015, in violation of the rules to be observed as stated in paragraph (1).

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