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(영문) 대전지방법원 2019.03.28 2019고단470
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2017, the Defendant was sentenced to ten months of imprisonment for the crime of indecent act by force at the Daejeon District Court, and completed the execution of the sentence at the Chungcheong detention center on January 16, 2018.

【Criminal Facts】

1. On November 5, 2013, the Defendant was ordered to attach an electronic tracking device for five years at the Daejeon District Court to attach the electronic device from November 12, 2013. On December 2, 2016, the said court was sentenced to imprisonment for six months due to the crime of indecent act by force, etc. on July 10, 2017, and was sentenced to imprisonment for ten months at the same court as an indecent act by force and was sentenced to detention house, etc. during the said period, the attachment of the electronic device was extended until March 1, 2020. On July 6, 2017, the said court was ordered to additionally attach the electronic tracking device for seven years after being convicted of a indecent act by force.

A person with an electronic device installed 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 propagation, alter data received, or otherwise impair its utility.

Nevertheless, the Defendant, at around 20:00 on February 8, 2019, coming from the residence located in Sejong City B and walking along the way under the influence of alcohol, she saw that people around the Defendant to throw away a portable tracking device in a situation in which the Defendant knows the Defendant as a sex offender. On February 8, 2019, around 20:56, the Defendant laid down a portable tracking device on the area adjacent to the “D restaurant” located in Sejong City C.

As a result, the defendant separated the electronic device from his body at his own discretion during the period of attachment of the electronic device.

2. On November 5, 2013, the Defendant was ordered to attach an electronic tracking device at the Daejeon District Court, and on January 4, 2017, the Defendant was subject to the imposition of an order to refrain from going outside the Defendant’s residence, which is located in Sejong City B, on a daily basis, from 01:00 to 05:00, on January 4, 2017.

Nevertheless, the Defendant abandoned a portable tracking device at the time and place mentioned in the above paragraph (1).

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