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(영문) 수원지방법원 2015.09.23 2015고단3768
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant sentenced the Suwon District Court to eight months of imprisonment with labor for the crime of interference with business, etc., and completed the execution of the sentence on August 4, 2013.

On the other hand, on January 24, 2008, the Defendant was sentenced to ten months of imprisonment due to quasi-indecent act by force at Seoul Southern District Court on October 22, 2008, and the execution of the sentence was terminated, and the Defendant was decided to attach an electronic tracking device for five years at Suwon District Court on August 13, 2013.

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

1. On June 18, 2015, the Defendant, at around 05:30 on June 18, 2015, destroyed a portable tracking device at a toilet located in the 2nd floor of the Suwon-si, Suwon-si, Suwon-si, 924, and caused the Defendant to escape from the scope of his/her identification, thereby making it impossible to track normal location.

2. On July 21, 2015, the Defendant, at around 14:10 on July 21, 2015, brought a dispute about drinking together with homeless persons in the vicinity of Sinwon-dong 176-7, Pyeongtaek-gu, Suwon-si, which caused damage to the electronic device during the period of electronic device installation by cutting the portable tracking device in the wall and destroying it.

3. On July 29, 2015, on July 29, 2015, the Defendant, at around 23:19, lost a portable tracking device under the influence of alcohol on a nearby route 550-15, Suwon-si, Suwon-si, Suwon-si, and made it impossible to track normal location by leaving the scope of surveillance for about 1 hour and 16 minutes in a manner of falling off with the electronic device attached to the Defendant’s identification.

4. On July 30, 2015, the Defendant committed the crime at around 23:50 on July 30, 2015, leaving the portable tracking device left alone while taking a bath at Dratium C in Suwon-si, Suwon-si, Suwon-si, and leaving the device attached to the Defendant’s hair.

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