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(영문) 대구지방법원 포항지원 2015.06.10 2015고단132
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 12, 2005, the Defendant was sentenced to seven years of imprisonment due to a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, Injury by Rape, etc.) in the Port Support of the Daegu District Court on June 12, 2012, and completed the execution of the sentence in the Port Correctional Institution on June 12, 2012. In this regard, on November 8, 2013, the Defendant was under the enforcement of an electronic device attachment order from November 21, 2013 to from November 23:0 to 06:0 of the attachment period of the electronic tracking device for five years at the Cheongju District Court Cheongju District Court.

The Defendant violated the duty to maintain the utility of an electronic device by failing to charge a portable tracking device at the port from July 16, 2014 to July 23:59 during the execution period of the attachment order, thereby violating the duty to maintain the utility of the electronic device by causing a signal missing warning by failing to charge the portable tracking device at the port (hereinafter referred to as “SP”) and also violates the duty to maintain the utility of the electronic device four times in total, as described in Nos. 1, 5, 6, and 7 of the List of Crimes, from January 20 to January 20, 2015, and as described in Nos. 2, 3, 4, 5, and 6 of the List of Crimes, such as the entry Nos. 2, 4, 5, and 6 of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (written request for investigation by the branch of the Daegu Probation Office);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of repeated facts and attachment of judgment) and statutes;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for whom the relevant provision of the Act on Criminal facts and the choice of punishment are applicable, and Articles 39 (3) and 9-2 (1) 1 of the same Act (a violation of any of the matters to be observed);

1. Article 35 of the Criminal Act for Aggravation of repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. The order of provisional payment;

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