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(영문) 대구지방법원 2015.11.06 2015고단4581
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On April 12, 2012, the Defendant was sentenced to ten years and six months from the Jeju District Court to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence and attached an electronic device in the Jeju Correctional Institution on July 9, 2014; however, on August 28, 2014, the Defendant was sentenced to ten months from the Daegu District Court on May 15, 2015 to a violation of the Act on Probation and Electronic Monitoring, etc. against Specific Crime Offenders during the electronic device attachment period, and completed the execution of the sentence and attached an electronic device at the Daegu District Court on May 15, 2015. However, on June 25, 2015, the Defendant was sentenced to imprisonment with prison labor for a specific criminal offender and for a violation of the Act on Probation, etc. and Electronic Monitoring, etc. against Specific Crimes, and completed the execution of the detention house on June 25, 2015.

【Criminal Facts】

On September 20, 2015, the Defendant completed the execution of the above punishment and attached an electronic device. During the period of attachment of the electronic device, the Defendant shall not arbitrarily separate or damage the electronic device from his/her body, interfere with propagation, alter data received, or otherwise impair its utility.

Nevertheless, around 15:35 on September 23, 2015, the Defendant had a portable tracking device, which was in possession of carculator in the carculator, under the influence of alcohol from the 3rd floor of “D” located in Daegu-gu, Daegu-gu, Daegu-gu, on the ground that the attachment device in the scriptive item was an answer, and had a different part of the attachment device from the scriptive device to the above “D” proprietor.

In this respect, the defendant damaged the electronic device during the period of attachment of the electronic device, thereby impairing its utility.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each description of a report on occurrence of a violation of the probation and attachment order and the duty to maintain the effectiveness of an electronic device;

1. A damaged electronic device photograph;

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