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(영문) 울산지방법원 2015.12.17 2015고단2888
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant 1 and 2-A, B, C, and D's decision are sentenced to two months of imprisonment and fine of KRW 1,00,000.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders at the Ulsan District Court on August 15, 2014, and completed the execution of the sentence on August 15, 2014. On January 23, 2015, the Ulsan District Court sentenced imprisonment with prison labor for eight months and a fine of one million won on September 26, 2015, and completed the execution of the sentence on September 21, 2015.

On November 18, 2011, the Defendant was issued an order to attach an electronic tracking device for five years at the Matern branch of the Daegu District Court to attach an electronic tracking device, and on November 8, 2013, the Defendant was issued a decision to add a specific night time limit (23:00 to 06:30 on the following day) at the Ulsan District Court to a specific night time limit (23:0).

1. On October 24, 2014, around 23:00, the Defendant violated the code of conduct for restriction on outing out, and returned home around 23:48 minutes on the same day after drinking alcoholic beverages together with workplace rent at a singing room near D branch located in Yangsan-si C, and thus violated the code of conduct for restriction on outing out at around 48 minutes.

2. No person subject to attachment or person subject to probation who has violated the matters to be observed again after warning the violation shall again violate the matters to be observed under the Act on Probation, etc. without justifiable grounds after receiving warning under the same Act for violating the matters to be observed under the Act on Probation, etc. without justifiable grounds;

The Defendant, as stated in Paragraph 1 above, refused to comply with the direction and supervision of probation officers without good cause, and was instructed by the head of the Ulsan Probation Office on October 25, 2014 to faithfully implement the matters to be observed by probation officers;

A. From around 21:00 on October 26, 2014, the Defendant was given instructions to return home from the Ulsan Central Probation Officer H around 22:40 on the same day when he/she performed alcohol together with G and a woman in unsound name, which he/she came to know through the Internet hosting site “P” in Ulsan Jung-gu E.

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