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(영문) 수원지방법원 성남지원 2016.06.15 2016고정19
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 25, 2003, the Defendant was sentenced to imprisonment with prison labor for a period of two years and six months from the Seoul Western District Court on May 26, 2005, due to forced indecent conduct by the Seoul High Court, and the execution of the sentence was completed on September 26, 2007. On September 30, 2013, the Defendant was subject to the surveillance of protection and location tracking, five years of the record of the attachment of the tracking device and matters to be observed (the period during which the electronic device is attached shall be sent out outside the dwelling area from 23:0 to 06:0 hours each day during the period during which the electronic device is attached; the sexual assault treatment program should be completed for 80 hours at the protection observation station; and the sex therapy program should not be taken at least the volume of drinking; and the person subject to tracking the location after the enforcement of the sentence (the period during which the sentence is applied).

1. A violation of the Act on the Protection and Observation, etc. of Specific Criminal Offenders and the Electronic Devices Installation, Etc. (Violation of the Matters to be Observed) committed a violation of any special matter to be observed, such as an order to restrict night-time outing operations, without justifiable grounds, pursuant to Article 39(2) of the Act on the Electronic Monitoring, etc. of Electronic Monitoring, a fine not exceeding KRW 10,000,000,000,000, was imposed. However, a violation of special matters to be observed (limited to night outing, prohibition of drinking more than a certain quantity) habitually from November 11, 2014 to May 19, 2015.

2. Defendant 1 violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Installation, Etc. (Violation of the Code after warning) and continued to violate the Act despite the receipt of a verbal warning and written warning under Article 38 of the Act on the Protection, Observation, etc. (hereinafter “A”).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol;

1. A list of crimes;

1. Requests for investigation;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 39(3) and Article 9-2 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders as to the crime in question.

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