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(영문) 서울북부지방법원 2016.04.21 2016고정93
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 1, 2014, the Defendant is a person wearing an electronic tracking device who has been issued an order to attach a location tracking device for five years at the Chuncheon District Court's original branch on December 1, 2014 and began to attach an electronic tracking device on the same day.

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.

Nevertheless, around September 20, 2015, the Defendant, at around 19:30 on September 20, 2015, destroyed the effectiveness of the electronic device between 3:50 minutes and 50 minutes by leaving the attachment range until the replacement of a new portable device on the same day, on the ground that the electronic device attached by the Defendant was lost among the tracking devices, among the tracking devices, at the Defendant’s dwelling in Seongbuk-gu Seoul Metropolitan Government.

2. On December 1, 2014, the Defendant, in violation of the rules, was imposed on the head of the Chuncheon District Court’s original branch, with the order to attach an electronic tracking device for five years as well as the order to attach an electronic device for tracking the location between 23:00 p.m. and 06:0 p.m. at night to 30:00 p.m. on a daily basis.

Nevertheless, the Defendant, at around 19:30 on September 20, 2015, went out without carrying the portable device, at the Defendant’s residence as above at around 19:50 on the same day, and did not comply with the instructions of the protection and observation officer under the influence of alcohol until the Defendant is arrested by the police officer of the Seoul MAP police station in the vicinity of the Defendant’s residence.

As a result, the Defendant violated the rules as a person subject to attachment of an electronic tracking device without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of reference witnesses;

1. Application of the Act on the Records of Seoul Protection Observation Office;

1. To observe the relevant Article of the Criminal Act and the protection of specific criminal who has been selected as a specific criminal and electronic device;

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