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(영문) 수원지방법원 2019.01.24 2018고단4258
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On July 12, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for public performance and obscenity in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence on February 5, 2018.

【Criminal Facts】

The Defendant of “2018 Highest 4258”, on May 13, 2016, is sentenced to imprisonment for one year and three years to attach an electronic tracking device for a location tracking device from December 15, 2016 to August 7, 2020, by force at the Incheon District Court Branch Branch of the Incheon District Court, for indecent act by force, and must be put on probation for the same period.

1. On May 13, 2016, the Defendant was sentenced to the foregoing judgment in the Vice-Support of the Incheon District Court on May 13, 2016, and was subject to the imposition of the code of practice that “I are not going out at night (from 22:00 to 06:0) unless there is an urgent need to do so.”

Nevertheless, the Defendant, from May 11, 2018, returned home around 23:42, and from that time until June 19, 2018, violated the code of practice by going out at night without permission of the probation officer in charge, as shown in the attached Table No. 1, No. 7 to 13, 2018.

2. The facts charged in this part of the violation of the code of conduct on night outing restrictions after warning indicate that "the person subject to probation shall follow the direction and supervision of the probation officer and visit him/her, if you visit." However, in light of the applicable provisions of the indictment, the remainder of the attached table No. 15, which judged not guilty, other than the attached table No. 15, to be found in the following, shall be understood to have violated the code of conduct on night outing restrictions without justifiable grounds after receiving warning under Article 38 of the Act on Probation, etc., so this part of the facts charged shall

The Defendant was given a warning pursuant to Article 38 of the Act on Probation, Etc. for violating matters to be observed at night, as shown in the attached Table No. 14, 16, and 20.

Nevertheless, the defendant again without justifiable reasons.

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