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A defendant shall be punished by imprisonment for not more than five months and a fine not exceeding eight million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal history] On June 26, 2013, the Defendant was sentenced to three years of imprisonment for rape, etc. by the Busan High Court, and completed the execution of the sentence on September 13, 2015.
On June 17, 2013, the Defendant was subject to the Defendant’s decision to attach an electronic tracking device for five (5) years from the credit support of the Suwon Franchisor, and was subject to the Defendant’s duty to comply with “from 23:00 on a daily basis to 06:30 on the following day” during the period of attaching an electronic tracking device.
[2016 High 56] The Defendant received the first written warning from the protection observation officer around October 13, 2015 on the violation of the above rules, and received the second written warning from the protection observation officer around November 17, 2015 on the violation of the rules.
1. On October 10, 2015, the Defendant violated Article 39(3) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., and the Defendant did not go back to the protection observation office as reported to the protection observation office by 23:00 on the same day without good cause.
2. Violation of Article 39 (2) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc.
A. Notwithstanding the first written warning issued by the protective observation officer, the Defendant violated the above matters to be observed, on October 30, 2015, by failing to return home to the protective observation office by not returning home to the protective observation office by not later than 23:00 on the same day without justifiable grounds, such as drinking alcohol in the indoor packaging horse in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.
B. Notwithstanding the first written warning issued by the protective observation officer, the Defendant violated the above rules by failing to return to the protective observation office for the same day without justifiable grounds, including by drinking alcoholic beverages at H singing rooms located in the Gu, and singing singing, etc., during the period of around November 15, 2015.
(c)
Despite the second written warning of the protection and observation officer, the Defendant is located in Gyeyang-gu around November 24, 2015.