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(영문) 대구지방법원 서부지원 2017.04.21 2017고단405
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant shall not have access to an order to attach an electronic tracking device between two years and ten years, and “1. The victim shall not have access to the order to attach an electronic tracking device: Provided, That this shall not apply where the victim explicitly permits access to the Defendant, provided that such access is allowed.

2. Not making excessive drinking;

3. A person who was sentenced to special observance of sexual assault treatment programs conducted by a protective observation office for a period of 120 hours, and whose sentence has been completed in the first intersection of North Korea on March 21, 2015.

Criminal facts

1. Violation of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc.;

(a) A person who has an electronic device installed in violation of the maintenance of the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, damage, interfere with its propagation, alter data received, or otherwise impair its utility;

1) Nevertheless, on September 28, 2016, the Defendant released a portable tracking device at the Defendant’s residence in Daegu-gu, Daegu-gu, Daegu-gu, without possessing a portable tracking device, and made it impossible for the Defendant to track a location for about 16 minutes until around 18:35 of the same day, thereby impairing the utility of the electronic device.

2) On November 27, 2016, around 00:51, the Defendant went out without possessing a portable tracking device at the Defendant’s residence under the foregoing paragraph (1) and caused approximately 2 hours and 9 minutes to make it impossible to trace the location in 03:00 on the same day, thereby impairing the utility of the electronic device.

B. On January 13, 2017, the Defendant 1) d 103 of the Daegu Seogu-gu, Daegu-gu, about 18:20 on January 13, 201, d 3 sicks to drink while drinking alcohol together with E.

2) On January 21, 2017, the Defendant drank 4 sicks a week so that the Defendant may take the Defendant’s house located in Daegu Seo-gu, Daegu-gu, Daegu-gu.

Accordingly, the Defendant violated the duty of prohibition of excessive drinking.

(c)

After warning of the Director for the Observation of Protection.

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