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(영문) 대전지방법원 공주지원 2014.05.23 2014고단35
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 18, 2007, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. in Relatives) in the Seoul Southern District Court, and completed the execution of the sentence in the original prison on December 1, 2011. On February 4, 2013, the Defendant was under the execution of an attachment order and probation from February 28, 2013 upon receiving a decision to attach an electronic tracking device for three years from the original branch of the Chuncheon District Court.

1. A person with an electronic device installed may not arbitrarily separate, damage, interfere with the distribution of, or alter data received from his/her body during the period of installation of the electronic device, or impair its utility by any other means. However, the Defendant, without carrying a portable tracking device for about 13 minutes from March 6, 2013 to 23:26, went missing, etc. of the signal of the portable tracking device of a probation agency by moving the electronic tracking device without carrying the portable tracking device for about 13 minutes. From around that time to September 17, 2013, the Defendant got the utility of the electronic tracking device, such as having the electronic tracking device taken off at will, by failing to arbitrarily separate or charge the electronic device from his/her body, such as the list of crimes in the annexed sheet, etc.

2. On April 22, 2013, a person subject to probation observe the direction and supervision of the probation officer, and the Defendant violated the duty to maintain the utility of electronic devices, such as escape from the scope of response to portable electronic devices and disappearance of signal signals, despite having been instructed to not violate the duty to maintain the utility of electronic devices and to comply with the direction and supervision of the probation officer on April 22, 2013. On September 21, 2013, a person in charge of the rapid response team of electronic supervision took the phone call to conduct a device inspection, but failed to comply with the direction and supervision of the probation officer, such as refusing to check electronic devices.

Summary of Evidence

1. Defendant's legal statement;

1. Probation cards, each warning note, reports on violations by persons wearing an electronic device, and tracking risks;

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