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(영문) 대구지방법원 2014.04.24 2014고단1563
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 27, 2003, the Defendant was sentenced to a three-year suspended sentence for the crime of robbery at the Daegu High Court, and on October 6, 2004, the Daegu District Court sentenced six-year imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Robbery, Rape, etc.) at the Daegu District Court on October 6, 2004, and the judgment on December 2, 2004 became final and conclusive, and the suspended sentence becomes void and completed the execution of each of the above sentence at the racing prison on February 19, 2013.

On February 22, 2013, the Defendant was issued an attachment order to a location tracking device for three years for violating the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) in the Daegu District Court and racing support on February 22, 2013, and is in the period of attachment of the location tracking device by attaching the location tracking device from March 7, 2013.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device during the period of attachment of the electronic device.

Nevertheless, at around 18:16 on March 13, 2014, the Defendant destroyed the upper part of the location tracking device attached to the gate bridge 212 in the Daegu Dong-gu, Daegu-gu, on the ground that it may cause a lot of harm to social life, and thereby was prevented from tracking the location by dividing it into the bridges.

Accordingly, the Defendant separated and damaged the location tracking electronic device.

Summary of Evidence

1. Defendant's legal statement;

1. A copy and photograph of an electronic device attachment order;

1. Records before and after judgments: Criminal records, correspondence records, current status of personal identification, application of each statute of the judgment;

1. Articles 38 and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have committed the relevant crime;

1. The Defendant committed the instant crime during the period of repeated crime as indicated in the reasoning of sentencing Article 35 of the Criminal Act, and the Act on the Attachment of Electronic Monitoring Devices against Specific Offenders, etc. are sexual assault crimes.

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