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(영문) 춘천지방법원 2017.11.28 2017고단859
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 15, 2013, the Defendant was sentenced to the order to attach an electronic tracking device to three years and ten years for rape, etc. at the Chuncheon District Court, and the above imprisonment was terminated on September 10, 2015.

1. On March 31, 2017, the Defendant was ordered to stay in the place of residence reported to the Protection Monitoring Office from 23:00 to 06:30 the following day during the period of attaching an electronic tracking device as a matter of practice in the process of issuing an order to attach an electronic tracking device.

Nevertheless, the Defendant, at around 17:51 on March 31, 2017, returned home on the same day and returned home on around 23:12 on the same day without justifiable grounds, violated the code of conduct for restrictions on going out of the country at night, etc.

2. A person with an electronic device installed around May 10, 2017 shall not arbitrarily separate 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.

Nevertheless, around 17:45 on May 10, 2017, the Defendant laid down a portable tracking device on “C” located in Hongcheon-gun Hongcheon-gun, Hongcheon-gun, and went away therefrom, and failed to carry it until he/she was reissued by the employees at the rapid response team at around 20:50 on the same day, thereby impairing the effectiveness of the tracking electronic device for three hours.

Summary of Evidence

1. Statement by the defendant in court;

1. A observation card for protection and a direction for the execution of an attachment order;

1. Supreme Court rulings;

1. A summary report of daily violations;

1. Report on investigation (verification of matters to be observed by the suspect at the time of sentencing a judgment);

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Relevant Article of the Act on the Protection and Observation of Specific Criminal Offenders and Articles 38, 14 (1) (the voluntary separation of electronic devices, the choice of imprisonment), 39 (3) and 9-2 (1) 1 of the Act on the Attachment, etc. of Electronic Devices against the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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