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(영문) 부산지방법원 동부지원 2020.06.10 2020고정165
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was punished by imprisonment with labor for attempted rape in the Busan District Court’s East Branch, and was notified of the imposition of five years from 00:00 to 06:0 each day during the period of the electronic tracking device attachment, the order to attach an electronic tracking device and the order to attach an electronic tracking device, the victim’s access, the completion of 80 hours from 00:0 to 06:0 each day during the period of the electronic tracking device attachment, and the restriction on drinking of one or more soldiers per week from April 8, 2018.

1. No person subject to the attachment of an electronic tracking device or a person subject to probation who has violated matters to be observed at night shall violate such matters without justifiable grounds;

On May 14, 2018, at around 00:38, the Defendant violated the code of conduct for restrictions on outing of the country at around 00:45 of the same day and returned home at around 00:45 of the same day, and thereafter violated the code of conduct for restrictions on outing of the country at all nine times in total, as shown in the list of crimes in the attached Table, from September 20, 2019.

2. No person subject to probation, who again violates any matter to be observed, breaches any duty prior to probation, or fails to comply with guidance and supervision by probation officers, or person subject to probation, shall again violate any matter to be observed under the Act on Probation, etc. without justifiable grounds after receiving warning, etc., for violating any matter to be observed under the same Act.

Nevertheless, on May 16, 2018, the Defendant received a written warning from the director of the Busan Probation Office to the effect that “the Defendant shall comply with the direction and supervision of the probation officer as well as with the code of practice,” on the grounds that he/she violates the code of practice imposed on the attachment order of the electronic device and does not follow the direction and supervision of the probation officer.”

The Defendant did not return home at the reported residence from around 00:0 on August 26, 2018 to 00:04 on August 27, 2018.

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