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(영문) 대구지방법원 서부지원 2014.11.06 2014고단1228
특정범죄자에대한위치추적전자장치부착등에관한법률위반등
Text

The crimes provided for in paragraphs (1) through (11) of the Code of Crime shall be punished by imprisonment with prison labor for two months.

Reasons

Punishment of the crime

[criminal power] On August 7, 2009, the Defendant was sentenced to two years of imprisonment for an indecent act by force in the Daegu District Court’s resident support, and the execution of the sentence was terminated on May 24, 201 at the Ganbuk Vocational Training Prison. On May 21, 2013, the same court sentenced six months to imprisonment for a violation of the Act on the Electronic Monitoring, etc. of Specific Offenders’ Location Monitoring Devices, etc., and the judgment became final and conclusive on November 19, 2013, and completed the execution of the sentence in the Daegu Prison.

【Criminal Facts】

[Violation of Duty to Maintain the Use of Location Monitoring Electronic Device] The Defendant was sentenced to a decision of the Daegu District Court on January 27, 201 to order the attachment of a location tracking electronic device for five years from the Sung Branch Branch of the Daegu District Court on May 24, 2011 and attached the location tracking device on May 24, 2011, and thus, the Defendant may not arbitrarily separate or damage the location tracking device from his body during the period of attachment of the location tracking device, interfere with its propagation, or alter data received, or otherwise undermine its utility.

Nevertheless, around 02:07 on April 22, 2012, the Defendant got all of them out without charging a portable tracking device at an entertainment tavern located in the Gyeong-dong, Gyeongnam-do, and obstructed the utility of the electronic device by preventing the Defendant from checking the location of the Defendant for 3 hours and 23 minutes between such time and 23 minutes. From around that time to February 23, 2014, the Defendant maintained the utility of the electronic device by preventing the Defendant from checking the location of the device, such as not carrying a portable tracking device over 12 times in total as indicated in the separate crime list, or not taking the portable tracking device out.

Summary of Evidence

1. Defendant's legal statement;

1. The processing ledger, such as location tracking, risk warning, etc.;

1. Probation;

1. Previous convictions in judgment: An investigation report (verification of the same record as a suspect), a judgment, and the application of Acts and subordinate statutes concerning the status of personal identification and confinement;

1. Article 38 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders as to the crime.

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