logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.11 2013고단4495
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2004, the Defendant was sentenced to one year of imprisonment for a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under the Age of 13) in the Youngcheon District Court’s Monthly Support on July 16, 2004, and was sentenced to two years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under the Age of 13) in the Suwon District Court’s Ansan Branch on April 6, 2007, and was sentenced to two years of imprisonment on July 16, 2013, the Defendant was ordered to attach an electronic tracking device (hereinafter referred to as “electronic device”) for five years from the Suwon District Court’s Ansan Branch Branch Branch on July 16, 2013, and

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

On July 31, 2013, the Defendant got out of a sanatorium, the residence of the Defendant, which is located in Macheon-si C, without possessing a portable tracking device, thereby impairing the utility of the electronic device by preventing the location of the Defendant from confirming the location of the Defendant. In addition, from that point to November 16, 2013, the Defendant got the utility of the electronic device by preventing the Defendant from checking the location of the device by moving the electronic tracking device without possessing a portable tracking device over a total of 24 times, as shown in the separate sheet (crime chart) from that point to November 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each decision;

1. A report on a violation by a person wearing an electronic device;

1. A warning;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Articles 38 and 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for whom relevant provisions and the choice of punishment are applicable to facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Code provides that the defendant is old.

arrow