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(영문) 대구지방법원 2017.05.12 2017고단1330
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On July 1, 2011, the Defendant was sentenced to an order to attach an electronic tracking device for three years and ten years, due to rape or bodily injury caused by rape in the Daegu District Court’s support. On May 31, 2014, the Defendant completed the execution of the sentence in Daegu Prison.

1. The Defendant was sentenced to an attachment order of an electronic tracking device, and thus, did not undermine the utility of the electronic device for 10 years from the date of the completion of the execution of the sentence, the use of the electronic device two times in total, as follows.

A. On February 9, 2017, the Defendant, from around 02:21 to around 04:17 of the same day, did not charge the portable electronic device in a French area not exceeding Daegu, thereby undermining the utility of the electronic device for one hour and 56 minutes by allowing the Defendant to take out the device.

B. On February 10, 2017, the Defendant, from around 04:50 to around 11:10 on the same day, did not charge a portable electronic device in Daegu Dong-gu 203, thereby undermining the utility of the electronic device by allowing the Defendant to take off the device for 6 hours and 20 minutes.

2. On February 9, 2017, the Defendant violated the code of practice, without justifiable grounds, by impairing the utility of the electronic device at the date, time, place, and place of entry in the paragraph (2) by impairing the effectiveness of the electronic device, even though the Defendant received warning from the protection observation officer D to the direction and supervision of the protection observation officer D and faithfully performing the obligation to maintain the utility of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of each statute stated in the investigation report (Attachment of an electronic device and charging device that the person under consideration wears), written direction for execution and text of judgment, copies of protective observation cards, issuance of warnings, comprehensive report on tracking and supervising the execution of location, and the status of protective observation;

1. Article 38 and Article 14(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Request for Electronic Device, Etc. (Article 38 and Article 14(1) of the same Act regarding the crime (Article 14)

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