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(영문) 대구지방법원 2018.08.30 2018고단2398
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 25, 201, the Defendant was sentenced to seven years of imprisonment and ten years of order to attach an electronic tracking device to an electronic device in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Daegu District Court (Tgu District Court) on the following grounds: (a) the Defendant was subject to the imposition of the following: (b) “from 00:00 to 06:00 each day during the period of the electronic device attachment to take out outside of his/her residence”; (c) the Defendant’s implementation of the sentence was completed at a permanent prison on September 14, 2017; and (d) the execution of the order to attach an electronic tracking device during the period of attachment to the location from September 13, 2027.

[2] A person who has an electronic tracking device installed shall not arbitrarily separate or damage 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 undermine its effectiveness. A person who violated the duty to observe the electronic tracking device and received a written warning of the warden of the protective observation in violation of the duty to observe the electronic device, shall not violate the duty to observe the person subject to protective observation without justifiable grounds, and shall not violate the duty to observe when issuing an electronic tracking device attachment order without justifiable grounds.

1. On November 30, 2017, the Defendant violated the code of conduct on going out of a residential area, which was imposed when issuing an order to attach an electronic tracking device, on the ground that he/she drinks alcohol from around 00:0 to around 00:51 on November 30, 2017 to around 00:0.

2. On January 25, 2018, the Defendant committed a violation of the code of conduct, when issuing an order to attach an electronic tracking device, on the ground that he/she participated in a meeting at the vicinity of a city in Gyeonggi-si from around 0:0 to around 01:37, on January 25, 2018.

3. The Defendant of the crime committed around January 29, 2018 on the ground that he/she drinks alcohol in the vicinity of the Simsan City between around 00:00 and around 00:22 on January 29, 2018.

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