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(영문) 광주지방법원 순천지원 2015.10.28 2015고단1769 (1)
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to imprisonment with labor for the crime of indecent act by force, etc. in the Gwangju District Court’s Net Branch, and issued an order to attach an electronic tracking device for one year and six months, personal information disclosure, and two-year location tracking device. From April 25, 2015 to April 24, 2017, the Defendant was subject to a duty to attach an electronic tracking device; the Defendant was subject to a duty to comply with the probation officer’s legitimate instructions for sexual assault treatment programs during the period of the attachment order; the victim’s contact and access prohibition; and the probation officer’s lawful instructions for checking excessive drinking and drinking. On May 27, 2015.

1. Violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;

A. On June 16, 2015, the Defendant, who was attached with an electronic device (hereinafter “person wearing an electronic device”), laid the location tracking device around the cash withdrawal machine, and carried out its utility by arbitrarily separating the electronic device from the body, from the Do River Agricultural Cooperatives located in the winter area of Gojin-gun, Gojin-gun around November 16, 2015.

B. At around 13:30 on June 16, 2015, the Defendant violated the code of practice, without justifiable grounds, on five occasions, as shown in the annexed crime list, from around that time to July 20, 2015, including the fact that the electronic device was arbitrarily separated from the body while under the influence of alcohol content of 0.236%, and that the electronic device was in violation of the code of practice without justifiable grounds.

C. At around 23:10 on July 17, 2015, the Defendant, as an electronic device subject to attachment, performed the utility of the electronic device in a way that he did not charge the electronic device without justifiable grounds and did not take it out. D.

At around 12:50 on August 26, 2015, the Defendant violated the rules of prohibition on access to specific persons, such as the victim, by attaching an electronic device to the residence of D (n, 69 years of age) located in Daung-gun C.

2...

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