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(영문) 인천지방법원 2015.04.30 2015고단732
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power and Reference Facts】 On February 2, 2012, the Defendant was sentenced to imprisonment with prison labor for robbery, etc. at Seoul High Court for two years, five years, and 80 hours’ completion of the sexual assault treatment program, etc., and completed the said imprisonment in a female prison on September 7, 2014, and attached a location tracking device at the same time.

【Criminal Facts】 2015 Highest 732】

1. No person subject to attachment shall arbitrarily separate or damage an electronic device from his/her body during the period of attachment of the electronic device, interfere with the dissemination thereof, alter data received, or otherwise impair its utility;

A. Nevertheless, from September 12, 2014 to 20:20 on the same day, the Defendant did not carry a portable tracking device, which is an electronic device, from around 19:11, to around 20:20 on September 12, 201, and went away from the Defendant’s residence, and caused a escape warning within the scope of responding to the attachment device, thereby impairing the utility of the electronic device.

B. Nevertheless, on October 6, 2014, the Defendant, from around 16:29 to 16:58 of the same day, did not carry a portable tracking device, which is an electronic device, and went away from the said place of residence, and caused a escape warning from the scope of response to the device, thereby impairing the utility of the electronic device.

C. Nevertheless, on October 7, 2014, the Defendant, from around 19:12 to 19:58 of the same day, did not carry a portable tracking device, which is an electronic device, and went away from the said place of residence, and caused a escape warning from the scope of response to the device, thereby impairing the utility of the electronic device.

Nevertheless, on October 16, 2014, from around 20:01 to 20:44 on the same day, the Defendant did not carry a portable tracking device, which is an electronic device, and went away from the above residence and caused a escape warning within the scope of response to the attachment, thereby impairing the utility of the electronic device.

E. Nevertheless, the Defendant, from October 23, 2014 to May 16:55 of the same day, did not carry a portable tracking device, which is an electronic device, from around 18:48 to 19:11 on the same day, and went away from the above residence to the scope of responding to the attachment.

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