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(영문) 인천지방법원 2014.06.19 2013고단8368
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 19, 2006, the Defendant was sentenced to two years and six months of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Rape, etc.) in the Incheon District Court. On May 7, 2009, the execution of the sentence was terminated in the Gwangju Prison, and on February 24, 2011, the Defendant was under the attachment of an electronic tracking device from March 8, 201 upon receiving a decision from the above court ordering the attachment of an electronic tracking device for five years.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device, and charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally, if the electronic device does not work normally, notify the universal observation officer of the fact without delay, and follow due instructions given by the probation officer for the maintenance of the function of the electronic device.

1. Nevertheless, around 06:02 on March 15, 201, the Defendant, at the residence of the Defendant, 1B01, Dongdong-gu Incheon Metropolitan City building B, the Defendant had the utility of an electronic device by leaving the head of the wife located in the Namdong-gu Incheon Metropolitan City, without possessing a chemical or a portable tracking device against his wife while drinking alcohol with two back-to-dates and two wifes, and by leaving the head of the wife located in the Namdong-gu, Incheon Metropolitan City without possessing a chemical or portable tracking device, from around 58 minutes to 07:05 on the same day.

2. On August 31, 201, at around 08:12, 201, the Defendant sent out without possessing a portable tracking device in the Nam-gu Incheon Metropolitan City D apartment, and had the utility of the electronic device deviate from the range of reduction of 3:47 minutes and 47 minutes from around 11:59 on the same day.

3. On March 29, 2012, the Defendant: (a) was well aware that the Defendant could use the portable tracking device at Man-dong, Nam-gu, Incheon Metropolitan City around 19:06; (b) was able to charge approximately 6 hours to about 8 hours to about 25 hours; (c) did not properly charge the portable tracking device; and (d) charged only 1.2 minutes per hour by up to 19:35 on the same day.

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