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(영문) 청주지방법원 2015.01.29 2014고단1688
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant: (a) was sentenced to an order to attach an electronic tracking device for three years from December 29, 2013 in the Daegu District Court, for robbery, rape, etc.; (b) was being attached with a location tracking device from December 29, 2013; and (c) was aware on November 201, 201 that the Defendant was attaching an electronic tracking device as above, and was committed at the request of the wife on November 17, 2014, at the request of the wife, with an intention to damage the location tracking device attached with his/her location tracking device and commit suicide.

On November 17, 2014, at around 22:18, the Defendant: (a) completed the preparation to commit suicide in the air conditioner valve in the form of tear, tearing clothes; and (b) destroyed an electronic tracking device that is attached to the Defendant’s right edge by telephone to the probation officer in charge of the Defendant, using a kitchen (No. 1) and a locker (No. 2).

Accordingly, the defendant arbitrarily damaged the electronic device during the period of attachment of the electronic device and has harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report (the investigation report on the field situation);

1. Seizure records;

1. Probation status and notification to a department related to the report of 112 case;

1. A written decision and a written direction for execution of an attachment order;

1. Application of each statute on photographs;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act is that the Defendant arbitrarily destroyed part of the location tracking electronic device that was attached after the Defendant was released on December 29, 2013, and the repeated tracking device.

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