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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 13, 2011, the Defendant was sentenced to six years of imprisonment with labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape, etc. of Minors under the age of 13) at the Seoul High Court and was subject to an order to attach an electronic tracking device for ten years.
Although the Defendant, who was subject to the attachment of electronic device, has complied with the direction and supervision of the protection observation officer under the Act on the Protection, Observation, etc., he/she shall observe the code of practice, “to comply with the direction and supervision of the protection observation officer, and to respond if visiting”, the Defendant received a warning on the ground that he/she did not observe the above rules and did not comply with the direction and supervision of the protection observation officer at a total of twice on March 20, 2020 and August 22, 2020, and received a warning on the ground that he/she did not comply with the direction and supervision of the protection observation officer, and around August 26, 2020: (a) around 03:05, when he/she was under the influence of alcohol in Geumcheon-gu Seoul Metropolitan Government “C”, even though he/she was requested by the protection observation officer of the Nam-gu Seoul Metropolitan Government, to check the Defendant’s special violation of
As a result, the Defendant violated the obligations under the Act on the Observation of Protection, etc. without justifiable grounds after receiving warning.
Summary of Evidence
1. Written statements of the defendant in court;
1. Application of the provisions of Acts and subordinate statutes to the court decisions, applications for additional matters to be observed, the direction of additional execution of matters to be observed during the period of attaching electronic devices, each written warning of decisions, and the status of observation of protection;
1. Article 39 (2) of the Act on the Establishment, etc. of elective Electronic Devices for Criminal Facts, Articles 32 (2) and 38 of the Act on the Observation, etc. of Protection, Etc., and Selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;