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(영문) 부산지방법원 2016.03.16 2016고단304
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 4, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders at the Busan District Court on September 13, 2013, and completed the execution of the sentence at the Busan Detention Center.

On October 27, 2010, the Defendant was ordered to attach an electronic tracking device for three years as a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. of Minors under the age of 13) at the Busan District Court, and was obligated to attach an electronic tracking device up to February 5, 2016 due to the circumstance that the Defendant was sentenced twice due to the crime of damaging the location tracking device while attaching an electronic tracking device from November 6, 201.

A person with an electronic device installed shall not 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.

1. On August 30, 2014, around 01:29, the Defendant: (a) required to charge the electronic device in a way that does not charge a portable tracking device without justifiable grounds, despite having to maintain the function of the electronic device normally in the D in the Busan-gu Busan-gu C.

2. On January 13, 2016, around 23:14, the Defendant separated the portable tracking device attached to the location tracking device 207 in Busan Northern-gu, Busan, and prevented the location tracking device from operating normally. From January 14, 2016 to January 22:15, 2016, the Defendant was able to track the location tracking device’s location tracking device from the scope of response to the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (the processing register, such as location tracking, risk warning, etc.);

1. List of Vindication - Additional Decision on 928 early 2013, the direction to execute an attachment order, the report on the location tracking period of the person subject to electronic supervision, and the status of observation of each protection.

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