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(영문) 청주지방법원 충주지원 2018.10.12 2018고단515
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal records] On April 7, 2017, the Defendant was sentenced to the suspension of the execution of two years and a fine of five million won in June, and the above judgment was finalized on August 18, 2017, as a result of the Defendant’s violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc.

[2] On September 2, 2013, the Defendant was subject to an order to attach an electronic tracking device for five years at the Seoul Southern District Court to attach an electronic device at the Seoul Southern District Court on September 2, 2013, stating that “the Defendant shall take out the device outside the residence of the person who requested the attachment order from 23:00 to 06:00 each day during the period of attachment of the electronic device.”

1. On July 30, 2018, the Defendant violated the rules of restriction on outing, without justifiable grounds, on a total of 15 occasions until August 10, 2018, including returning home to the residential areas under C and 204 in Chungcheong City C and 204 on the same day, in excess of the hours during which he/she was allowed to take a drinking, and on the same day, he/she violated the rules of restriction on outing, without justifiable grounds.

2. A person who has installed an electronic device in violation of his/her duty to maintain the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body, destroy it, interfere with radio waves, alter data received, or otherwise impair its utility, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally;

A. On January 17, 2017, the Defendant, from around 09:11 to around 10:25 of the same day, did not charge an electronic device for about 74 minutes, thereby impairing the utility of the electronic device.

B. On May 1, 2017, the Defendant, from around 23:55 to around 00:12 of the following day, did not charge an electronic device for about 17 minutes, thereby impairing the utility of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for investigation;

1. Seoul Southern District Court Decision;

1. A protection observation card;

1. The processing ledger, such as location tracking, risk warning, etc.;

1. The police of D. D.

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