logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.23 2016고단3259
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 21, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Gwangju District Court on July 21, 201, for one year and three months, and five years, respectively, from the Gwangju High Court on October 6, 201, to an order to attach an electronic tracking device for the foregoing crime, and the Defendant completed the execution of the above punishment on August 15, 201 and is currently attaching a location tracking device.

On September 13, 2013, the Defendant was sentenced to one year by imprisonment with prison labor for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. at the Gwangju District Court, and was sentenced to one year by imprisonment with prison labor for an attempted special larceny at the Gwangju District Court on May 28, 2014, and completed the execution of each of the above punishment on June 13, 2015.

No person who has an electronic tracking device installed with a location tracking device shall arbitrarily separate the electronic device from his/her body during the period of attachment, interfere with its propagation, alter data received, or otherwise impair its utility.

On August 3, 2016, around 05:15, the Defendant did not charge all of the electronic devices until August 6, 2016, by around 07:17 on the same day because the Defendant was unable to load the location tracking device while boarding the KTX train in Seoul Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul and moving to Busan.

Accordingly, the defendant did not charge the electronic device during the period of attachment of the location tracking electronic device, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Each statement of the investigation reports;

1. Previous convictions: Application of the Acts and subordinate statutes in which inquiries, such as criminal history, and personal confinement are entered;

1. Article 38 and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices, the option of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant committed the instant crime during the period of repeated crimes.

arrow