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(영문) 서울남부지방법원 2017.10.19 2017고단4074
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul High Court on March 16, 2012, and completed the execution of the sentence in Seoul Southern Prison on October 19, 2014.

1. A person who has been ordered to attach an electronic tracking device for ten years from October 19, 2014 due to the above criminal records, and a person who has been attached with an electronic device shall not arbitrarily separate the electronic device from his/her body during the period of attachment, damage, propagation interference, alteration of data received, or otherwise impair its utility.

On March 24, 2017, the Defendant arbitrarily separated and damaged the electronic device attached to the Defendant, in the vicinity of the street in W, with the electric wheel chairs in front of it, and thereby undermining its utility.

2. On April 7, 2016, the Defendant: (a) upon receipt of a decision from the Seoul Southern District Court to extend the period of attachment of an electronic device on April 7, 2016, the Defendant was subject to the duty to comply with the alcohol level of at least 0.05% during the period of attachment of the electronic device; (b) a person subject to the duty to comply with the alcohol measurement conducted by the protective observation officer; and (c) a person subject to the order of attachment of the electronic device is subject to the court’s imposition of matters necessary to prevent recidivism and to correct character and behavior within the period of attachment without justifiable grounds, the person shall not violate

On January 28, 2017, while under the influence of alcohol level 0.063% during blood transfusion, the Defendant driven X-E-car on January 28, 201. On February 25, 2017, the Defendant: (a) driven a X-E-car while under the influence of alcohol level 0.103% during blood transfusion; (b) driven a Yro-car while under the influence of alcohol level 0.103% during the location tracking device attachment period; and (c) violated the rules of practice by the court, without justifiable grounds, that the Defendant would not drink more than 0.05% during blood during the period of installation of the electronic tracking device.

Summary of Evidence

1. The defendant's statement in court;

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