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(영문) 울산지방법원 2015.06.25 2015고단1172
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

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 sentenced to ten years and six months from the attachment order of an electronic tracking device on July 9, 2014, and attached an electronic device at the Jeju Correctional Institution on July 9, 2014, but the Defendant undermined the utility of the electronic device during the period of attachment, and was sentenced to ten months from the Daegu District Court to a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders on August 28, 2014 on May 15, 2015.

On May 15, 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, on May 22, 2015, from around 02:06 to 07:20 on the same day, the Defendant did not perform the function of the electronic device normally for about five hours from the DNA telecom located in Ulsan-gu, Ulsan-gu, Ulsan-gu, to the extent that it did not function normally.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. E statements;

1. A detailed report on request for investigation, a written judgment, a direction for execution of an attachment order, a report on occurrence of a violation of the validity of an electronic device, a probation status register, a comprehensive report on location tracking, location tracking, supervision, and supervision of execution of an electronic device;

1. Criminal records before and after judgment: Application of criminal records, a copy of the judgment, investigation report (verification of the date of final release from the military court, etc.);

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are subject to the applicable law and the choice of punishment, and the choice of imprisonment;

1. The location tracking electronic device, including the sound rehabilitation of sexual offenders and the protection of the people, for the reason of sentencing Article 35 of the Criminal Act among repeated offenders.

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