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(영문) 인천지방법원 2015.04.17 2015고정530
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On June 13, 2007, the Defendant was sentenced to seven years of imprisonment by the Incheon District Court due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.) and became final and conclusive on August 31, 2007.

【Criminal Facts】

On February 17, 2014, the Defendant: (a) attached a location tracking device at Seoul Southern District Court for five years; (b) imposed an order to comply with the prohibition of outing out of a residential area reported to the director of the probation office every day during the aforementioned period from 24:00 to 06:00; and (c) on April 11, 2014, the Defendant attached a location tracking device at the South Southern Prison’s prison simultaneously with the completion of the execution of the said sentence.

1. A person who has an electronic device installed with an electronic device separated from his/her own discretion shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with propagation, alter data received, or impair its utility by any other means;

A. On June 13, 2014, from around 20:02 to 20:23 of the same day, the Defendant parked the Defendant’s SM3 car on the front road of Gyeyang-gu Incheon Gyeyang-dong, and exceeded the above place without installing a portable electronic device on the said car.

B. On July 14, 2014, from around 12:07 to 15:30 on July 14, 2014, the Defendant carried out the operation of the said electronic device at the island located in 23-1, Masan-ri, Masan-ri, Masan-ri, by leaving the said electronic device at a strong price.

Accordingly, the Defendant had the function of the electronic device by arbitrarily separating the electronic device from the body.

2. The Defendant violated the restriction on going out at night, etc. and was sentenced by the court to restrict going out at a specific time, and thus, should comply with it. However, on April 19, 2014, at least 00:21, the Defendant returned home to the Defendant’s residence for 21 minutes later than the starting time of going out from the bus with drinking alcohol, and violated the rules without justifiable grounds.

In addition, the defendant from around that time to June 26, 2014 attached Form 02:04.

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