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(영문) 제주지방법원 2016.04.29 2016고단263
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to the Seoul High Court to order the attachment of an electronic tracking device for five years, and the location tracking device was attached from January 22, 2015.

1. A person who has any electronic device attached in violation of his/her duty to maintain the utility of an electronic tracking device shall not separate the electronic device from his/her body during the period of attachment of the electronic device, destroy it, interfere with its propagation, alter data received, or otherwise impair its utility;

A. On July 1, 2015, around 09:25, the Defendant, while drinking alcohol in the vicinity of AC in Jeju-siJ on July 1, 2015, left the electronic device while setting the portable device at the Defendant’s residence in E at the time of manufacturing the electronic device, thereby impairing the utility of the electronic device for about 24 minutes.

B. On August 31, 2015, around 13:07, the Defendant maintained the utility of the electronic device for about 23 minutes by setting the portable device with the electronic device installed in the unit near the AC and returning to the surrounding area.

(c)

On September 28, 2015, around 09:56, the Defendant released the electronic device while setting the portable device in the electronic device at the residence of the above Defendant, and had the device installed for about 60 minutes from that time.

2. The Defendant violated the order of restriction on outing, upon receiving an attachment order of an electronic device from the above Seoul High Court, imposed the duty to comply with the following: “The Defendant shall take out the electronic device outside the dwelling place from 00:00 to 06:00 each day during the period of the attachment of the electronic device and from 06:00 to 00.”

A. From April 28, 2015, the Defendant, for three hours on the same day 01:00 to around 04:09, performed drinking in the vicinity of the above AC, in violation of the foregoing order of restriction on outing, and carried out drinking outside the place of work.

B. On April 30, 2015, the Defendant, from around 00:00 to around 00:27 of the same day, went out to AD at Jeju, in violation of an order of restriction on going out from the place of work to around 27 minutes, and was going out of the dwelling area and the place of work.

(c)

The Defendant violated an order from around 00:00 on June 8, 2015 to around 00:19 on the same day, to restrict the departure of approximately 19 minutes, and thereby, AC.

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