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(영문) 수원지방법원 2019.03.13 2018고단5594
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 9, 2017, the Defendant sentenced 10 months to imprisonment with prison labor for larceny at the Suwon District Court on February 9, 2017, and completed the execution of the sentence in the main prison on September 21, 2017.

【Criminal Facts】

On January 26, 2016, the Defendant was sentenced to an order to attach an electronic tracking device for ten years at the wooden Branch of the Gwangju District Court on January 26, 2016 and was put on probation at the Suwon Probation Office after attaching an electronic tracking device from February 3, 2016.

1. No person who has an electronic tracking device (hereinafter referred to as "electronic device") attached with a location-based device that violates the duty to maintain the utility of an electronic device shall 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;

Nevertheless, around 19:04 on September 18, 2018, the Defendant: (a) laid a portable tracking device in the area near Suwon-si B, Suwon-si; (b) cut off the device installed in the area near the area near the area near the area in the Sinpo-si; and (c) cut the device installed in the area near the area in the Sinpo-si, Sinpo-si, Sinpo-si to arbitrarily impair its utility.

2. Any person who has attached an electronic device violating matters to be observed after the warning shall follow the guidance and supervision of the probation officer, and when visiting the person subject to probation, he/she shall not again violate matters to be observed without justifiable grounds after receiving warning from the head of the probation office for violating matters to be observed, without justifiable grounds;

On August 23, 2016, the Defendant did not comply with justifiable grounds for the direction and supervision of probation officers on recidivism and probation officers. On May 31, 2018, the Defendant received warnings from the head of the Suwon Probation Office on four occasions in total on the grounds of the violation of the rules of electronic device attachment on August 20, 2018, the probation officers’ failure to comply with justifiable grounds for the direction and supervision of probation officers, the violation of special rules on August 20, 2018, and the violation of the rules of electronic device attachment.

After September 15, 2018, the Defendant around 00:13.

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