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(영문) 서울서부지방법원 2019.07.05 2019고단1466
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On August 19, 2010, the Defendant was sentenced to five years of imprisonment for rape or injury resulting from rape in Seoul Southern District Court, and completed the execution of the sentence on May 19, 2015.

【Criminal Facts】

On August 19, 2010, the Defendant was sentenced to an order to attach an electronic tracking device at the Seoul Southern District Court for 12 years from that time, and was subject to probation for 12 years from that time, and was sent out outside the Defendant’s residence from 24:00 to 06:00 each day during the period of attachment of the electronic tracking device, and was not drinking excessively, and the Defendant is obligated to comply with the direction and supervision of the probation officer as a person subject to probation and visit.

1. Although the Defendant was obligated to take out of the Defendant’s dwelling place outside his/her dwelling place from 24:00 to 06:00 each day, as above, the Defendant does not have a duty to take out of the Defendant’s dwelling place outside his/her dwelling place. ① On June 28, 2015, at around 05:54, (1) on July 16, 2015, (2) on August 19, 2015, and (3) on August 19, 200: (2) on December 13, 2015, he/she returned to the Defendant at around 00:51 on December 23, 2015, and (5) on December 27, 2015, he/she did not have a duty to take out from the Defendant’s dwelling place to 0:0:02 on February 27, 2016; (7) on September 20, 2016, 107

2. Although the Defendant, who violated his/her duty not to excessively drink alcoholic beverages, has the duty not to excessively drink alcoholic beverages as above, he/she is deemed to be in personnel inequality, such as: (a) he/she is unable to properly accumulated his/her body in the state of drinking on July 16, 2015; (b) he/she was trying to keep a bicycle under the influence of alcohol on July 30, 2017 when he/she was under the influence of alcohol; (c) he/she drinks alcoholic beverages to take 0.40% of the blood alcohol concentration on October 9, 2017; and (d).

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