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(영문) 인천지방법원 부천지원 2018.11.01 2018고정632
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to an order to attach a location tracking device for ten years in relation to the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13) in the Busan District Court's Branch Support around December 21, 2012 and was under execution of an order to attach a location tracking device from October 4, 2017.

1. No person who has been attached with an electronic device in violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., related to the violation of the duty to comply, shall violate any of the duty to comply determined by the court, while issuing an attachment order;

A. On December 21, 2012, the Defendant was subject to the obligation to comply with the restriction on outing out of the place of residence of the person who requested the attachment order, including night time, at the time of issuing an order to attach an electronic device as above, stating that “the Defendant shall take out out the place outside the place of residence of the person who requested the attachment order from 24:00 to 06:00 each day during the period of attachment of the electronic device.”

Nevertheless, from January 29, 2018 to 00:05 of the following month from January 29, 2018, the Defendant did not return home without any special reason from around 24:00 to 30:05 of the same month, and going out outside the Defendant’s residence without any special reason, and going out from around February 24:00 of the same month, and the following month from around February 3, 2018:

4. From 03:07 to 07, the Defendant did not return home to and out of the Defendant’s residence without returning home to Busan, which is the Defendant’s residence, on the ground that the Defendant had her female-child address.

As a result, the Defendant violated the code of conduct on the outing of a specific time zone, such as night, on two occasions without justifiable reasons.

B. On December 21, 2012, the Defendant violated a provision regarding the restriction of a residential area, as seen above, shall be limited to the Si/Gun/Gu having jurisdiction over the place of residence where the person who requested the attachment order has reported the residence of the person who requested the attachment order to the head of the relevant Si/Gun/Gu, at the time of issuance of the order to attach an electronic device: Provided, That where the person who requested the attachment order goes out of his/her place of residence, he/she shall specify the reason, period, place of the attachment order,

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