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(영문) 부산지방법원 2019.05.29 2019고단707
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2013, the Defendant was sentenced to imprisonment for fraud at the Busan District Court for one year and eight months, and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on May 27, 2015.

【Criminal Facts】

On June 3, 2011, the Defendant becomes subject to probation upon obtaining an order to attach an electronic tracking device for seven years from the Busan District Court.

No electronic device attachmenter shall impair the utility of the electronic device by means of arbitrarily separating the electronic device from his/her body during the period of electronic device attachment, and shall violate any matter to be observed under Acts on probation, etc. without justifiable grounds after receiving warning, in violation of any matter to be observed under the Act on Probation, etc.

1. On October 16, 2017, from around 07:57 to December 12 of the same day, the Defendant violated his/her duty to maintain the utility of an electronic device, such as setting the portable location tracking device at his/her discretion in Busan Dongdong-gu C, and allowing him/her to leave the scope of responding to the attachment device.

2. A person subject to probation who has violated matters to be observed on probation shall throw away bad habits leading to a crime, preceding it, and shall not teach or control with those who are likely to commit a crime, and follow the direction and supervision of the probation officer;

On July 8, 2016, the Defendant received a warning of violation of matters to be observed in relation to the case, such as non-payment of the drinking value, from the Busan Probation Office located in the Busan Probation Office located in the Busan Probation Office. On October 17, 2017, the Defendant violated matters to be observed without justifiable grounds, such as where he/she received a warning of violation of matters to be observed in relation to the case, such as non-payment of the drinking value, etc. at the immediately preceding probation office, and on November 4, 2017, he/she did not drink, and did not pay the drinking value, thereby leading to the crime, and did not follow the direction and supervision of probation officers.

B. A. The Defendant continues to resist.

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