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(영문) 광주지방법원 2019.07.11 2019고단1905
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and four months for the purpose of special obstruction of performance of official duties, etc. in the Namnam Branch of the Gwangju District Court, and completed the execution of the sentence in the Jeonju prison on January 25, 2018.

【Criminal Facts】

On June 2, 2011, the Defendant was sentenced to an order to attach an electronic tracking device at the Gwangju District Court for ten (10) years due to a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and on January 27, 2015, the Defendant was determined to add special requirements to “to prohibit a probation officer from taking alcohol level of at least 0.05% of alcohol level and follow the direction and supervision, such as the measurement of alcohol level,” and to stay in his/her residence from 10 p.m. to 5:0 a.m. on the following day.

The Defendant issued a warning to the head of the Southern Branch of the Gwangju Probation Office around November 26, 2018, in violation of matters to be observed, such as restrictions on outing, etc., from November 16, 2018 to 22:45 on the same day. However, even if the Defendant received a warning from the head of the Chungcheongnam Branch of the Gwangju Probation Office around November 26, 2018 on December 4, 2018, the summary of D in the Namnam-gun, Namnam

From December 24, 2018 to December 24, 2018, the State violated the code of practice without justifiable reasons, such as the list of crimes in attached Form 13 times.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Court rulings, written rulings, location tracking warning, etc., processing ledger, results of measurement of drinking, warning, and probation;

1. Application of Acts and subordinate statutes to criminal records, current status of confinement of individuals, and report on criminal investigations (report on confirmation of repeated crimes, etc.

1. Article 39 (2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit an offense, Articles 32 (3) and 38 of the Act on Probation, etc.;

1. Article 35 of the Criminal Act among repeated crimes;

1. While recognizing and opposing the errors of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code among concurrent offenders, it is the same kind of punishment.

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