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(영문) 대구지방법원 2014.04.25 2014고단1409
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 4, 2003, the Defendant was sentenced to five years of imprisonment due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) in Daegu District Court and three years of imprisonment due to rape in the Daegu District Court on July 10, 2009, and completed the execution of the sentence in the Daegu Prison on May 2, 2012.

The Defendant was sentenced to five years of attachment of an electronic tracking device at the Daegu District Court on July 23, 2013 on the ground of the above crime and was under the obligation to attach a location tracking device on August 9, 2013 and initiate an attachment order on August 9, 2013.

A person with an electronic device installed shall not arbitrarily separate, damage, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device, and shall charge, carry, or manage the electronic device so that the function of the electronic device can be maintained normally and shall maintain the utility of the electronic device.

1. Nevertheless, despite the commission of the crime on January 14, 2014, the Defendant sent out the electronic device in order to purchase alcoholic beverages from around 00:30 to 00:53 on January 14, 2014, with a portable tracking device installed in the house to purchase alcoholic beverages from around 00:30 to 00:53, and then arbitrarily separate the electronic device from his body.

2. On February 2, 2014, the Defendant: (a) laid the portable tracking device from around 14:53 to 15:07 on February 2, 2014; (b) sent alcohol and tobacco to Schlage in order to purchase it; and (c) voluntarily separated the electronic device from his/her body.

3. On March 3, 2014, around 22:00 on March 3, 2014, the Defendant: (a) removed the auxiliary fee for the device installed at one’s home located in Daegu-gu, Daegu-gu, and damaged the end part of the e-ray scrap.

As a result, the Defendant arbitrarily separated and damaged the electronic device from his body during the period of attachment of the electronic device, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. An investigation report (any damaged e-mail and paper photographic paper);

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