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(영문) 인천지방법원 2018.10.25 2018고단6645
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On April 8, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a indecent act by force), and was sentenced to one year and six months of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and three years of order to attach an electronic device for tracking locations on August 14, 2016, and was attached with a location tracking device at a smuggling detention center. On July 20, 2017, the Incheon District Court sentenced imprisonment with labor for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., and completed the execution of the said imprisonment with labor in Gyeyang Prison on March 19, 2018, and attached a location tracking device again.

[2] A person who is subject to attachment of an electronic device shall not arbitrarily separate or damage the electronic device from his body during the period of attachment of the electronic device, interfere with its dissemination, alter data received, or otherwise impair its utility.

1. On September 7, 2018, around 03:10 on September 7, 2018, the Defendant: (a) removed an electronic device attached on the left part of the Defendant’s residence in Michuhol-gu Incheon, in both hands and damaged the utility of the electronic device by removing the electronic device on the ground that the Defendant’s drinking alcohol and human life is difficult to live.

2. Around 04:10 on the same day as Paragraph 1, the Defendant sought a warning of damage to electronic devices due to the act described in Paragraph 1, and subsequently replaced an electronic device damaged to the employees of the protective observation office dispatched to the site with a new replacement of the electronic device damaged to the employees of the protective observation office dispatched to the site, and thereby, the Defendant’s utility was maintained by breaking the electronic device attached on the left part of the back of the vehicle into both hands and damaging it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Images of damaged electronic brushes and photographs at the time of committing the crime;

1. Criminal records, judgment, and direction of execution of an attachment order, of a violation of the law of a ASEAN;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to final judgment and confirmation of the date of release);

1. As to a specific criminal who is subject to the relevant Article of the Act and who is selected as a specific criminal;

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