(영문) 울산지방법원 2012.12.6.선고 2012고단3133 판결

On July 9, 2009, the Defendant was sentenced to 8 months of imprisonment due to night, intrusion upon residence, larceny, etc. at the Ulsan District Court on February 15, 2010 and completed the execution of the sentence in the previous prison on February 15, 201.

[Criminal Facts]

On February 23, 2011, the Defendant was ordered by the Ulsan District Court to attach an electronic tracking device (hereinafter referred to as “electronic tracking device”) for five years, and on March 21, 2011, the Defendant attached an electronic device.

A person with an electronic device installed shall not arbitrarily subdivide, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device during the period of attachment of the electronic device.

On July 8, 2012: around 04:18, the Defendant received instructions for charging the portable tracking device from the employees of the probation office who confirmed the low force of the portable tracking device from the employees of the probation office who confirmed the low force of the portable tracking device, and even “I found it difficult to find out, after speaking, he did not neglect the above instructions and intentionally charge the portable tracking device, so I lost the effectiveness of the electronic tracking device by preventing the Defendant from checking the location of the device for about 13 hours by neglecting the above portable tracking device at an insular location, and preventing the Defendant from checking the location of the device six times from April 9, 201 to the above date.

Summary of Evidence

1. The defendant's partial statement in court;

1. Each written direction for the execution of an attachment order, each written decision (2010: early 3, 2010: early 2010; early 23, 2010); a written pledge of performance of an obligation; and a special notice of obligation;

1. Probation status, each location tracking risk alert, etc., and a written confirmation of any obligation to be notified before executing an attachment order;

1. Previous convictions in judgment: Criminal records and investigation reports (personal records and investigation reports).

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 38 and 14(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act