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(영문) 대구지방법원 2017.08.10 2017고단3138
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2] On August 9, 2005, the Defendant was sentenced to a suspended sentence of five years for a crime of causing rape in the Daegu District Court’s gender support, and the judgment became final and conclusive on August 18, 2005, and was sentenced on September 5, 2008 to three years and six months for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Daegu District Court on September 5, 2008 during the suspended sentence period, and the judgment became final and conclusive on September 23, 2008, and the execution of the sentence was completed on June 3, 2014.

On the other hand, on April 22, 2014, the Defendant was imposed on the location tracking device attachment order 7 years and matters to be observed (from 23:00 to 06:00 a day during the period of electronic device attachment, to refrain from going outside the residential area beyond the residential area) in Daegu District Court racing support, and was under tracking the location after the expiration of the period of punishment.

[Criminal facts]

1. A person with an electronic device installed fails to comply with any of the matters to be observed, such as restrictions on outing out of a specific time zone, including night, without justifiable grounds. On October 31, 2016, the Defendant violated any of the matters to be observed, such as restrictions on outing out of a specific time zone, without justifiable grounds, following the lapse of 23:0 around October 31, 201 on the same day, which is 23:48 Dong-si C 101, 501, and the court’s night.

2. A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility;

A. On June 3, 2017, around 14:15, the Plaintiff received instructions from an employee of the Protection Center Control Center in the mutual influenite-dong-si, Youngcheon-si to charge a portable tracking device with a low-power warning from the employee of the Protection Center, but did not charge a portable tracking device on the same day because he did not charge a portable tracking device at 6 p.m. on the same day.

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