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(영문) 청주지방법원 충주지원 2018.09.07 2018고단430
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for a period of ten months and by a fine of thirty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On November 19, 2012, the Defendant was sentenced to four years of imprisonment and ten years of imprisonment for violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Persons with Disabilities), etc. in the Cheongju District Court’s Assistance, and on November 4, 2016, the same court was sentenced to ten months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. and completed the execution of the sentence in the Cheongan Prison prison on July 4, 2017.

In addition, on July 13, 2018, the defendant was sentenced to a fine of KRW 3 million due to a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. and the prosecutor appealed and is currently under trial.

[Criminal facts]

1. A person who has installed an electronic device in violation of his/her duty to maintain the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body during the period of electronic device attachment, damage, interfere with radio waves, alter data received, or otherwise impair its utility, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally;

Nevertheless, the Defendant, who was equipped with an electronic device on March 15, 2018, released the electronic device without possessing a portable tracking device among the electronic device from C Housing B B B 107 to B 107 of the Defendant’s residence on March 15, 2018, and maintained the utility of the electronic device for about 14 minutes, including where the Defendant stays in the said C Housing C 406 until 20:17 on the same day.

From that time until July 21, 2018, the Defendant had impaired the utility of the electronic device by the same method five times in total, such as the list of crimes in attached Form (1).

2. On November 19, 2012, the Defendant was sentenced to an order to attach a location tracking electronic device at the Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s support, and was subject to the obligation of compliance, “from 24:00 to 06:00 each day during the period of attachment of an electronic device, the Defendant shall take out the electronic device outside the residence of the person who requested the attachment order.”

Nevertheless, the defendant, on 2018.

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