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(영문) 전주지방법원 2018.02.08 2017고단2537
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 21, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Seoul Western District Court on December 21, 2006, and on October 25, 2010, the Defendant was subject to an order to attach an electronic tracking device and attached an electronic device to the location tracking device on the criminal facts that were sentenced to the above sentence by the Busan District Court on October 25, 2010.

A person with an electronic 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 impair its utility.

Nevertheless, around September 11, 2017, the Defendant maintained the utility of the location tracking electronic device by installing a portable tracking device at the residence of the defendant C in the former Jinan-gun, Jinan-gun on September 11, 2017 and leaving the residence in a normal way making it impossible to track the location.

around 02:05 on July 17, 2017, the Defendant driven a dial car with alcohol content of about 0.1% in the direction of alcohol 0.1% at the distance of approximately 4km in the front of the gas station at the same time from the Alley-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), Seo-gu (Seoul Special Metropolitan City) to the front of the gas station at the same time.

Defendant 2, “2017 High 8777,” upon receipt of an order to attach a location tracking electronic device as above, attached an electronic device to the device.

A person with an electronic 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 impair its utility.

Nevertheless, the Defendant, from around 00:10 on June 1, 2017 to around 00:40 on the same day, abandons a portable tracking device, which is a part of the location tracking device, at the entrance of the Gelinjin-gu E in Jeonjin-gu, Jeondong-si, thereby impairing the utility of the location tracking device. From around 04:25 on the same day to around 04:40 on the same day, Icheon-ur road, which is located far away from H of the former Northwest-gu, 800 meters away from the same day.

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