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(영문) 울산지방법원 2016.08.11 2016고단2030
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 5, 2005, the Defendant was sentenced to 10 years of imprisonment by the Ulsan District Court for rape injury, etc., and completed the execution of the sentence at the Ulsan Vocational Training Prison on January 7, 2015.

[Criminal Facts]

1. On December 5, 2014, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices: (a) was imposed on the Mayor/Gun/Gu having jurisdiction over the address of the place of residence reported to the warden of the observation of protection during the period of attachment of the electronic device; (b) the restriction of residential area to the Si/Gun/Gu having jurisdiction over the address of the place of residence reported to the director of the observation of protection during the period of attachment of the electronic device; and (c) the restriction on outing out of the place of residence from 23:00 to 06:0 the following day during the period of attachment of the electronic device.

A person with an electronic device attached 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, and shall not violate any obligation without justifiable grounds.

A. On December 19, 2015, from around 13:22 to 16:23 of the same day, the Defendant left the Ulsan-gun C without prior permission and left the reported residence without justifiable grounds, and violated the matters to be observed by the person wearing an electronic device.

B. On December 21, 2015, from around 23:01 to around 23:11 of the same day, the Defendant failed to return to the Defendant’s residence near Ulsan-gu, Ulsan-gu, Ulsan-do, and violated the matters to be observed by the person wearing an electronic device without justifiable grounds.

(c)

On December 25, 2015, from around 05:02 to 09:07 on the same day, the Defendant had its utility by not timely charging an electronic device (portable location tracking device) in the above Defendant’s residence, thereby ensuring that all of the Defendant did not take place.

(d)

On April 6, 2016, the Defendant laid electronic devices (portable location tracking devices) at the main point of “F” located in Ulsannam-gu E from around 22:40 to 23:32 of the same day, and laid down the electronic device.

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