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(영문) 부산지방법원 동부지원 2015.01.15 2014고단1981
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to imprisonment with labor for violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims, and attached a location tracking device on June 3, 2012. On July 26, 2013, the Busan District Court sentenced the Defendant to the attachment order of an electronic tracking device for three years and two years. On July 26, 2013, the period of attachment of an electronic tracking device was extended by October 2, 2014.

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

Nevertheless, from around 19:26 on September 13, 2014 to 00:42 on the following day, the Defendant did not charge a portable tracking device at the vicinity of the 152 World Cup in Busan Metropolitan City, as the World Cup, and made the device take place in the vicinity of the 152 World Cup, thereby undermining its utility, thereby not maintaining the function of the electronic device normally.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to comprehensive reports on location tracking, execution and supervision;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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