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A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal power] On November 12, 2004, the Defendant was sentenced to 10 years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) at the Incheon District Court, and completed the execution of the above punishment on September 7, 2014.
【Criminal Facts】
On May 12, 2014, the Defendant received an order from 00:00 to 06:00 each day during the location tracking device attachment order 7 years, and the following day during the attachment period of an electronic device attachment order from 00:00 to 00.
1. At around 02:50 on September 12, 2014, the Defendant separated the electronic device from the electronic device, without carrying a portable tracking device at the Defendant’s residence located in Namdong-gu Incheon Metropolitan City, 1105 dong-gu, 1004, and carried it out to the unclaimed land, thereby impairing the utility of the electronic device.
2. The Defendant violated the code of practice, as described in the foregoing Paragraph (1), committed a violation of the code of practice during the period of attachment of an electronic device by going out to a time zone during which departure is restricted
Summary of Evidence
1. Defendant's legal statement;
1. A written determination, a written confirmation of notification of obligations before executing an attachment order, a written confirmation of receipt of an electronic device, a report of violation by a probation office, a copy of the electronic device attachment order, and a photograph;
1. Previouss before and after judgments: Application of Acts and subordinate statutes on criminal records, reply reports, written judgments, and personal identification records;
1. Relevant provisions of the relevant Act on criminal facts and Articles 38 and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option of punishment (the violation of the duty to maintain the utility of electronic devices and the choice of imprisonment) and Articles 39 (3) and 9-2 (1) 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (the violation of the duty to observe);
1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to Violation of the duty to maintain the utility of electronic devices);
1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.