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(영문) 대전지방법원 2017.10.27 2017고단2775
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. at Daejeon District Court, and completed the execution of the sentence on March 19, 2016 at Daejeon Prison.

1. On July 19, 2010, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, and issued an order to attach an electronic tracking device for three years, six months, and five years. On February 3, 2016 at the Daejeon District Court, on February 3, 2016, the Defendant was determined to add a special rule to the following: (a) to the period during which the electronic tracking device is attached: (b) by 23:00 to 06:0 each day, to refrain from going outside the place outside the residence of the person subject to attachment; and (c) to refrain from excessive drinking.

A. On May 29, 2016, the Defendant violated special matters to be observed: (a) an excessive drinking of alcohol, such as drinking fluences in the D restaurant located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) the Defendant’s mother was under the influence of alcohol, and taking a bath to E; and (c) the Defendant violated special matters to be observed without justifiable grounds.

In addition, from that to July 31, 2016, the Defendant violated special matters to be observed without justifiable grounds, such as the list Nos. 1 to 3 of the List of Crimes, three times from that time, from that time, to that time.

B. After receiving a warning, the Defendant received a warning from the warden of Daejeon Protection Observation on August 5, 2016 on the ground that he/she was subject to protection observation, on the ground that he/she did not follow the direction and supervision of the protection observation officer by making excessive drinking, such as the foregoing paragraph 1(a), and by failing to comply with the direction and supervision of the protection observation officer, as a person subject to protection.

Nevertheless, on September 18, 2016, the Defendant took a bath at G cafeteria located in the Geumsan-gunF around 14:00, on the ground that he did not bring property to pro-friendly H and E by drinking up two smalls a week and drinking up two smalls a week, and without good cause, followed up his failure to do so to the protective observation officer.

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