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(영문) 광주지방법원 순천지원 2019.08.29 2019고단1093
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around June 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and two years of imprisonment with prison labor for indecent act, etc. in the Gwangju District Court’s net support, and on June 16, 2017, and the sentence was finalized on August 21, 2018, and the execution of the sentence was completed in the Net Prison’s prison on August 21, 2018, and is a person subject to electronic device attachment (hereinafter “person subject to attachment”) and a person subject to probation.

1. A person subject to attachment who violates the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to a violation of his/her duty to attach an electronic device 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 dissemination, alter data received, or otherwise impair its utility;

Nevertheless, the Defendant, at around January 23:37, 2019, performed approximately KRW 300,00,00,000, such as sheep and beer, at C alcohol house located in B at a time of drinking, and then, instead of paying the drinking value, carried a portable receiver, who is an electronic device, possessed by the Defendant, was separated from the Defendant’s body at his own discretion, thereby impairing the utility of the electronic device.

2. On November 17, 2018, the Defendant violated the Act on Probation and Electronic Monitoring, etc. of Specific Offenders due to the violation of matters to be observed, was instructed by the probation officer belonging to the Gwangju District Probation Office to the effect that he/she “satise and return home” by telephone from the probation officer belonging to the Gwangju District Probation Office, and was instructed on November 18, 2018 that he/she “at least 00:20 on November 18, 2018, he/she shall comply with the direction and supervision of the probation officer, and he/she shall comply with the matters to be observed well,” by assaulting his/her employees on the street above the E drinking house located in Sinh-si, Sin-si, 2018 on November 23, 2018.

Nevertheless, at around 22:06 on November 25, 2018, the Defendant issued a direction to the effect that, while drinking alcohol with seafarers in the vicinity of the F market in drinking-si, the Defendant drinks with seafarers, and that, from probation officers belonging to the said Ycheon-si branch, the Defendant “sauting drinking-in.”

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