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(영문) 수원지방법원 2014.12.24 2014고단6438
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to an order to attach an electronic tracking device at the Suwon District Court for five years, and is currently subject to attachment of the electronic device.

A person with an electronic device attached shall not arbitrarily separate or damage the electronic device from his/her body or otherwise impair its utility during the period of attachment of the electronic device, and for this purpose, the person subject to attachment shall always have a portable tracking device when going out so that the function of the electronic device can be maintained normally during the period of attachment of the electronic device.

1. On October 25, 2014, the Defendant committed the crime of October 25, 2014, around 00:00:03, the Defendant was unable to track a normal location by separating the portable tracking device from the body of the Defendant in the vicinity of Suwon-si, Suwon-si B from the body of the Defendant and allowing him/her to escape from the scope of response in a manner of thrown away from the electronic device attached to the Defendant’s item.

2. On October 28, 2014, the Defendant, at around 16:00 on October 28, 2014, went away from the Defendant’s body and made it impossible to track a normal location by leaving the tracking device in the D’s neighboring street located in Suwon-si C, Suwon-si, by removing the portable tracking device from the Defendant’s body and destroying it from the electronic device attached to the Defendant’s abscure.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the decision;

1. Application of a copy of processing ledger, such as location tracking, risk warning, etc.;

1. Articles 38 and 14 (1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders as to the applicable criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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