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(영문) 광주지방법원 목포지원 2015.07.24 2015고단722
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant sentenced four months to imprisonment for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders in the Gwangju District Court's Manpoon on February 23, 2015, and completed the execution of the sentence on May 6, 2015.

On January 28, 2010, the Defendant was issued an order to attach an electronic tracking device for four years for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, Injury by Rape), and was placed on October 29, 2013. On October 23, 2014, the Defendant was subject to the imposition of the order to attach the electronic tracking device to the above body on his/her body, and on October 23, 2014, “from 24:00 every day from the date of the decision to 05:00 the following day to the outside of the Defendant’s residence.”

1. On June 11, 2015, around 23:40, the Defendant: (a) returned home under the Ma, 203 dong 1410 and violated the rules to restrict going out during the pertinent specific time period, without justifiable grounds, on June 12, 2015, following the day on which he/she drinks alcoholic beverages at the “D's place of residence”; (b) the Defendant returned home under the Ma, 203 dong 1410.

2. On June 16, 2015, around 22:30, the Defendant: (a) failed to return home to the Defendant’s residence by June 17, 2015 on the following day; (b) thereby failing to comply with the requirements for restrictions on going out of and out of the given time zone without justifiable grounds.

3. On June 17, 2015, the Defendant, at the main point of the above “G”, was arbitrarily separated from the Defendant’s body by not carrying a portable tracking device while carrying it at all times, and moving it to the said Defendant’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A H statement;

1. Handling ledger, such as location tracking risk alert, - copy of additional enforcement instructions, - additional decisions on additional rules;

1. Previous convictions in judgment: Criminal records, personal identification records, investigation reports (reports on file of records, such as criminal records of the same kind of suspect A), judgments, and orders to attach electronic tracking devices of the suspect A;

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