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(영문) 수원지방법원 안산지원 2017.08.10 2017고단1614
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On October 24, 2008, the Defendant was sentenced to five years of imprisonment due to rape or bodily injury caused by rape in the Gunsan Branch of the Jeonju District Court, and completed the execution of the sentence on August 25, 2013. On August 22, 2013, the Defendant was subject to a decision to attach an electronic tracking device for five years from the Changwon District Court’s military branch branch.

[Criminal facts]

1. A person who has an electronic device infringing on the utility of the electronic device (hereinafter referred to as "person subject to attachment") 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;

A. On August 26, 2013, around 01:46, the Defendant lost a portable tracking device by drinking at a member of the Gyeonggi-si in the taxi and unloading it into the taxi, and caused approximately 1:31 minutes and 31 minutes to make it impossible for the Defendant to track the location between 03:17 on the same day, thereby impairing the utility of the electronic device.

B. On September 30, 2013, around 21:31, the Defendant: (a) separated a portable tracking device from the Defendant’s residence located in C and 104 at the time of the Gyeonggi Si, and opened the knife while making it impossible for the Defendant to track a location for about 19 minutes from around 21:50 on the same day; and (b) thereby impairing the utility of the electronic device.

(c)

On March 25, 2014, around 15:53, the Defendant released a portable tracking device at the Defendant’s residence located in D, 304 at the time of the Gyeonggi Si-si, and made it impossible to track the location between 12 minutes from around 16:05 on the same day, thereby impairing the utility of the electronic device.

(d)

On November 4, 2014, the Defendant released from the Defendant’s residence, e.g., E and 301, while drunk, and opened the Defendant’s cell tracking device separately, and made it impossible to track the location between 18 minutes and 13:00 on the same day, thereby impairing the utility of the electronic device.

E. On June 21, 2015, the Defendant was unable to track the location of approximately 1:2 minutes and 2 minutes from around 15:15 on the same day by separating the portable tracking device by drinking alcohol from the body of a member of the Yang-dong, Jeong-dong, Hosi, Sin-si, Sin-si, Sinsan-si.

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