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(영문) 광주지방법원 목포지원 2019.04.30 2019고단57
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than two months and by a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On April 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders in the Gwangju District Court’s Branch on the part of Apr. 8, 2016, and completed the execution of the sentence in the Southern Prison on July 15, 2017.

【Criminal Facts】

On June 14, 2012, the Defendant was sentenced to 10 years from the Seosan Branch of the Daejeon District Court, which imposed the obligation to attach an electronic tracking device on the following grounds: (a) along with the obligation to comply, such as “from 24:00 to 06:00 each day during the period of attachment of an electronic device to take out outside the residential area”; (b) a person with a tracking device installed from the date of completion of the execution of each of the above punishment; and (c) a person with an electronic tracking device installed shall not arbitrarily separate, damage, distribute, interfere with the distribution of, alter data received from his/her body during

While the Defendant was prohibited from staying outside of his/her residence from 24:00 to 06:00 during the period of installation of an electronic device, and when there exist reasons for preventing him/her from returning to his/her previous residence at around 24:00, the Defendant obtained prior permission from the probation officer, notwithstanding the fact that he/she obtained prior permission from the probation officer from March 29, 2018 to August 9, 2018, the Defendant went out of his/her residence at least 24:00, without obtaining prior permission from the probation officer on a total of 12 occasions, as stated in the list of crimes in the attached Table, and had him/her deviate from the scope of responding to the attachment device from around 00:09 on July 6, 2018 to 0:25 on the same day by failing to carry a portable electronic tracking device, such as the list No. 10.

Accordingly, the Defendant violated the code of conduct to prohibit outing at night without justifiable grounds, and harmed the utility of the electronic device.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Probation cards, a written status of execution of an attachment order, a warning letter, a warning reason, a processing register, such as location tracking, risk alert, and judgment, etc.;

1. Previous convictions in judgment: Criminal records;

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