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(영문) 부산지방법원 동부지원 2016.09.21 2016고단1368
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a deceptive act, etc.) in Busan District Court’s branch branch branch, and completed the execution of the sentence on July 31, 2016.

On October 17, 2014, the Defendant received an order to attach an electronic tracking device for three years from July 31, 2016 to July 30, 2019, along with the foregoing judgment from Busan District Court’s Dong Branch branch, and accordingly, was subject to the obligation to comply, such as “the restriction on outing out of a specific time, such as night, and the prohibition of access to a specific person, such as a victim,” etc.

1. No person who has violated restrictions on outing at night or any other specific time zone and has an electronic device attached thereto shall violate any of the matters to be observed by the court without justifiable grounds;

Although the Defendant imposed a duty to comply with the Defendant’s “to take out from the place outside of his residence from 00:00 to 06:00 each day during the period of attaching an electronic device,” the Defendant violated the above duty to comply without justifiable grounds, such as drinking alcohol at the D main points located in Busan Shipping Daegu C on August 1, 2016, by leaving the Defendant’s residence outside of his/her residence and not staying home until 06:00 on the same day.

2. A person who has an electronic device that undermines the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body, damage it, interfere with radio waves, alter data received, or otherwise impair its utility during the period of attachment of the electronic device.

A. On August 1, 2016, the Defendant maintained the utility of a portable tracking device during the electronic device attachment period by failing to charge a portable tracking device, leaving it out to the whole, making it difficult to grasp his/her location.

B. The Defendant’s portable tracking devices from around 17:58 to 20:55 on the same day are discarded in front of the residence of the above Defendant, and the Defendant cannot grasp his/her location.

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