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(영문) 서울남부지방법원 2013.03.18 2012고정4254
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 15, 2010, the Defendant was ordered to attach a location tracking electronic device at the Daegu District Court’s Sung Branch on a 40-year basis, and to stay in a residential area from 23:00 to 06:30 next day on September 28, 201 upon receiving an order to attach a location tracking electronic device.

On October 5, 2010, from around 23:18 to 23:39, the Defendant violated special matters to be observed without justifiable grounds, such as leaving the Gangseo-gu Seoul Metropolitan Government B Apartment 413 Dong 408, which is a residence, and going out.

In addition, the Defendant violated the special rules without justifiable grounds, such as leaving his residence for the hours during which departure is prohibited, such as the entry of the list of crimes in attached Form 20 times from that to November 29, 2011.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to written decisions, matters to be observed, probation cards, and reports violating prohibition of outing;

1. Article 39 (2) and Article 9-2 (1) 1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders for the relevant 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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