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(영문) 대구지방법원 포항지원 2014.06.13 2014고정78
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 4, 201, the Defendant is subject to probation, subject to an attachment order of an electronic tracking device for three years in the Daegu District Court Port Branch on May 4, 201.

While the Defendant could not arbitrarily separate, damage, interfere with radio wave, alter data received, or otherwise impair the utility of an electronic device during the period of the electronic device installation, the Defendant had impaired the utility of the electronic device by making up three times between August 21, 2013 and October 12, 2013, 21:5 to October 32, 2013, 3 times from the scope of response, 2 times from the portable tracking device low-power, and 2 times from the portable tracking device missing.

B. The Defendant, as a person subject to probation, complied with matters to be observed under the direction and supervision of probation officers, and in particular, even though he/she was asked to appear as the branch of the Daegu Probation Office by September 17, 2013, he/she refused to comply with the request to appear as the branch of the Daegu Probation Office by September 17, 2013, and he/she violated matters to be observed by the person subject to probation by refusing to comply with the request to appear as the warning officer by September 25, 2013, along with the warning issued on September 18, 201

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning the list of explanatory materials, written decisions, and processing ledger, warning notes, and probation situations, such as location tracking risk alerts;

1. Relevant Article on criminal facts, Articles 38 and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Article 39 (2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Articles 32 (2) and 38 of the Act on Probation, etc., and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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