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(영문) 인천지방법원 2014.05.15 2014고단2697
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 10, 201, the Defendant was sentenced to imprisonment on April 25, 201; imprisonment on April 25, 2012; imprisonment on February 19, 2013; imprisonment on November 16, 2013; and imprisonment on April 18, 201, in the Incheon District Court, on April 10, 201, the Defendant completed the execution of the sentence in the Gwangju Prison; and on April 10, 2014, the judgment became final and conclusive on the 18th of the same month.

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

On December 16, 2013, at around 15:11, the defendant, at the Incheon Jung-gu Incheon Jung-gu Police Station, asked probation officers who are in charge of the suspected case at the Incheon Jung-gu Police Station in 237, "B, public officials of the Ministry of Justice, who do not want to do so", have a portable tracking device laid down on the floor and carried it up its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Request to investigate a person who has destroyed his/her personal device and electronic device;

1. Previous records before ruling: Criminal records, etc. and reports on the previous records of dispositions and results of confirmation, each investigation report, and the application of Acts and subordinate statutes to the results of case search;

1. Relevant Articles 38 and 14 (1) of the Act on the Attachment, etc. of Electronic Monitoring System for Specific Criminal Offenders who are subject to the choice of punishment and applicable Articles 38 and 14 (1);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act, even though the defendant was punished in relation to a portable location tracking device, the crime of this case is committed again during the period of repeated crime; equity in the case of judgment concurrently with the crime of quasi-indecent act by force stated in the first head of the crime as stated in the judgment of the court; and other circumstances and conditions of sentencing specified in the arguments of this case shall be determined by

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