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(영문) 대전지방법원 천안지원 2018.09.13 2018고단1891
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On November 16, 2017, the Defendant was sentenced to four months of imprisonment due to fraud, etc. in the Daejeon District Court’s Incheon District Court’s Branch on January 25, 2018, and was released from Daejeon Prison on January 25, 2018, and the said judgment became final and conclusive on February 2, 2018, and the execution of the sentence was terminated on the same day.

[Criminal facts]

1. On October 12, 201, the Defendant damaged the location tracking device was sentenced to a seven-year judgment of imprisonment for rape, etc. in the Daejeon District Court’s Incheon District Court’s Branch on the following grounds: (a) from November 8, 201 to November 7, 2020, the Defendant was under execution of an order to attach a location tracking device.

No person who has an electronic tracking device installed with a location tracking device shall arbitrarily separate or damage the location tracking device from his/her body during the period of attachment of the electronic tracking device, interfere with the dissemination thereof, alter data received, or otherwise impair its utility.

Nevertheless, on August 3, 2018, the defendant damaged the location tracking electronic device at home of the defendant's house located in the subparagraph B B B B B in Seo-gu, Seo-gu, Seocheon-gu, Seo-gu, 2018, and abandoned it, thereby harming its utility.

2. On September 25, 2017, the Defendant, who violated the rules to be observed, was placed with an electronic tracking device attached to the location tracking device, subject to restriction on going out of the military court at a specific time (24:0 to 06:00 on the following day) including the night (24:0 to 00 on September 25, 2017);

2. A decision was made to additionally stipulate the following: (a) the blood alcohol level of not less than 0.05% is required to be drinking; and (b) the blood alcohol level is not less than 0.05%; and (c) the blood alcohol level is required

No person who has an electronic tracking device installed shall again violate the matters to be observed under the Act on the Observation, etc. of Protection without justifiable grounds after receiving a warning, in violation of the matters to be observed under the Act.

The Defendant violated the duty to observe and observe the protection and received warnings from the head of the Seocheon District Branch Office of Daejeon Protection on three occasions, including September 11, 2017; March 20, 2018; May 21, 2018.

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