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(영문) 대구지방법원 상주지원 2013.06.11 2012고단111
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

The defendant shall be punished by a fine not exceeding three million won for the crimes provided for in paragraphs (1) and (2) of this Article, and crimes provided for in paragraphs (3) and (4) of this Article.

Reasons

Punishment of the crime

On April 27, 2006, the Defendant was sentenced to two years and six months to imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape, etc. in Relatives), and completed the execution of the above sentence on May 11, 2008. On February 18, 2011, the Defendant was notified of a decision ordering the attachment of a location tracking device for three years at the stay support of the Daegu District Court on February 18, 201, and was attached with an electronic tracking device on February 25, 201, and thus, the electronic tracking device may not be invalidated by arbitrarily separating or damaging the location tracking device from his body during the period of attachment of the location tracking device, by altering the data received, or by any other means.

1. On March 5, 201, from around 12:43 to 15:32 of the same day, the Defendant left the portable tracking device alone at his/her residence located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, and went away from this, thereby impairing the utility of the electronic device by leaving the scope of responding to the attachment device.

2. On March 16, 201, from around 16:48 to 17:29 of the same day, the Defendant left the portable tracking device at the place of residence above 41 minutes, leaving it away from this, thereby impairing the utility of the electronic device by leaving the scope of responding to the attachment.

3. On February 21, 2012, at around 17:38, the Defendant: (a) cut the main body and fixed straws of the tracking device into a e-mailed tool such as a knife; and (b) damaged the use of the electronic device by a method of marking the body and fixed straws of a e-mail similar to a date drife with a drife.

4. Around 02:00 on February 22, 2012, the Defendant undermined the utility of the electronic device by damaging the main body and fixed straw of the location tracking device to a non-fluor like a date-type drone.

Summary of Evidence

1. Partial statement of the defendant;

1. The third protocol of examination of the accused by the prosecution;

1. Statement by the prosecution concerning D;

1. A written appraisal;

1. Each book of location tracking, risk alarm, etc.;

1.Each.

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