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(영문) 춘천지방법원 속초지원 2018.07.04 2018고단154
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years and six months of imprisonment on January 11, 2013 by committing a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) in the early branch of the Chuncheon District Court. On February 21, 2014, the Defendant issued an order to attach an electronic tracking device for seven years from the Gangnam Branch of the Chuncheon District Court on February 21, 2014. On December 23, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., and completed the execution of the sentence on April 26, 2017.

[Criminal Facts]

1. Violation of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc.;

A. On March 29, 2015, the Defendant infringed the utility of an electronic device is a person who attached a location tracking device (hereinafter “electronic device”) upon the completion of the implementation of the street in the third intersection of the North Korean Dos.

On the other hand, electronic device means a series of mechanical devices that confirm the location or detect the moving route using the principle of transmitting and tracking electromagnetic waves, comprised of ① portable tracking device (a device to confirm the location of a person attached with an electronic device, carried by the person attached with the electronic device, and through satellite location verification system and mobile communications network), ② “ home-based monitoring device” (a device to confirm the location of a person attached with an electronic device installed in the residence of the person attached with an electronic device and to confirm the location of the person attached with an electronic device), ③ “a device” (a device to attach a body attached to the person attached to the device and to transmit electromagnetic waves to a portable tracking device and home-based monitoring device).

A person with an electronic device (hereinafter referred to as "person subject to attachment") shall not arbitrarily separate or impair the electronic device from his/her body or otherwise impair its utility during the period of attachment of the electronic device, and the person subject to attachment shall charge and carry the electronic device so that the function of the electronic device can be maintained normally during the period of attachment of the electronic device.

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