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(영문) 울산지방법원 2015.11.12 2015고단1312
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months and by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 23, 2011, the Defendant was ordered to attach an electronic tracking device (hereinafter referred to as “electronic device”) for five years in the Ulsan District Court for a location tracking device (hereinafter referred to as “electronic device”) due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims.

1. The Defendant violated the Act on Probation and the Attachment, etc. of Electronic Devices (an act of impairing the utility of an electronic device) regarding specific criminal offenders, subject to an attachment order of an electronic tracking device for five years, attached a location tracking device from March 3, 2012.

A person subject to attachment of an electronic tracking device shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device during the period of attachment of the electronic device.

A. On February 4, 2014, the Defendant: (a) around 13:34, in Ulsan-gu, Ulsan-gu; (b) caused a low-power warning; (c) refused to comply with the Defendant’s order to charge by telephone from the guardian D belonging to the Ulsan-si probation office at around 13:38 the same day; and (d) obstructed the effectiveness of the location tracking device by means of blocking all of the electronic devices between around 14:03 and around 14:16, making it impossible to track the location of the tracking device by neglecting the location tracking device.

B. On July 22, 2014, at around 01:44, the Defendant was instructed by Ulsan-dong-gu E to charge an electronic device from the Protection Assistant F of the Ulsan-do Probation Office, at around 01:23, the Defendant refused to comply with the instructions given by the Protection Assistant F of the Ulsan-do Probation Office, and obstructed the use of the location tracking device in such a way as to make it impossible to track the location of the electronic device for 20 minutes by all of the electronic devices.

C. On July 22, 2014, around 12:03, the Defendant maintained the utility of the location tracking device in a way that it is impossible to trace the location of the tracking device by neglecting approximately approximately 61 minutes without any justifiable reason, in a mountain beach located in Ulsan-dong, Ulsan-gu, Ulsan-do.

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