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(영문) 대전지방법원 서산지원 2015.02.06 2014고정339
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant has been sentenced to five years of imprisonment for a crime of violation of the Juvenile Protection Act (Juvenile Rape, etc.). On February 12, 2013, the defendant is under the attachment of a location tracking electronic device upon the decision of attaching an electronic tracking device for three years pursuant to Article 5(1)3 of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders in the Seosan Branch of the Daejeon District Court on February 12, 2013.

1. A person who has installed an electronic device in violation of his/her duty to maintain the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body, damage, interfere with radio waves, alter data received or otherwise impair its utility during the period of attachment of the electronic device, and charge, carry, and manage the portable tracking device in accordance with the direction of the probation officer for smooth execution of the attachment order and maintenance of the utility of the

Nevertheless, the Defendant did not charge the portable device from February 21, 2014 to February 22, 2014 to February 22, 200:05, and caused the condition of the disappearance (electric power resourceF). ② The Defendant did not charge the portable device for about three hours from May 20, 2014 to May 05:02 to 07:54, thereby causing the condition of the signal missing (electric power resource FF).

2. On February 12, 2013, the Defendant, who violated the special rules, was subject to the obligation to keep the Defendant out of the residence of the person who requested the attachment order from 00:00 to 06:00 each day during the period of attachment of an electronic device when he/she decides to attach an electronic device in the Seosan Branch of the Daejeon District Court.

Nevertheless, the Defendant, on August 4, 2013, returned home on August 4, 2013, 00:30, 10:04:05 returned on October 23, 201, 09:07 returned on January 3, 2014;

1. 8. Failure to comply with any obligation four times, such as returning home, etc., and even after a probation officer has received written warning measures from the probation officer, February 25, 2014; 00:44, and the same year;

12. The same year, in cases of returning home;

4. On 21. 20:54 Return home, etc. violates the code of practice on three occasions, including a total of seven occasions after the commencement of an attachment order for an electronic device.

Summary of Evidence

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