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(영문) 울산지방법원 2017.01.19 2016고단3520
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 17, 2004, the Defendant was sentenced to eight years of imprisonment by the Ulsan District Court on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence on August 15, 2012 at the Busan District Court. On January 22, 2013, the Defendant was subject to a decision to attach an electronic tracking device and to impose an electronic monitoring device for five years at the Busan District Court.

1. Violation of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc.;

(a) No person who has an electronic device installed shall arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, impair its utility by altering data received, or by any other means;

Nevertheless, around 04:05 on December 12, 2014, the Defendant returned home from Ulsan-gu B, Ulsan-gu, U.S., and maintained the utility of the electronic device, thereby violating the instructions of the protection observation officer to charge the portable tracking device immediately to maintain the utility of the electronic device, and without charging the electronic device, undermining the utility of the electronic device by causing a lock-on portable tracking device warning without charging the electronic device.

B. On February 25, 2015, at around 15:06, the Defendant: (a) failed to install an electronic device in advance in his/her residence; (b) thereby allowing a portable tracking device to take out the device after low power; and (c) thereby causing a warning of the disappearance of his/her identity.

2. The Defendant obscenity, around May 28, 2016, 18:40 on May 28, 2016, sent a letter on the side of a fluent rice fluor in Ulsan-gu E-gu, Ulsan-gu, U.S. and her front.

In view of F (W, 14 years of age) and of his sexual organ, publicly obscene act was committed by putting his sexual organ in hand and scambling it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A Dogrology of CCTV images;

1. Requesting a person wearing an electronic device to investigate his/her location tracking device;

1. The processing ledger, including a report on the current status of observation of protection, a warning book, a location tracking warning, etc.;

1. Previous Records: Application of the Act and subordinate statutes of inquiry about criminal history, sentence, and attachment order;

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