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(영문) 대전지방법원 2016.11.30 2016고단3067
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 25, 2006, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. in Relatives) in the Red Support of the Daejeon District Court on October 25, 2006, and the execution of the sentence was terminated on August 17, 201, and on May 1, 2013, the Defendant was under probation and location tracking device attachment warning in the Daejeon District Court on May 1, 201.

1. Where a court issues an order to attach an electronic device, it may impose the order to attach the electronic device within the scope of the period of attachment, and the electronic device subject to attachment shall not violate the rules imposed by the court without justifiable grounds;

On May 1, 2013, the Defendant was sentenced to an order to attach a location tracking device in the Daejeon District Court red support of the Daejeon District Court, and was subject to the obligation to comply with “from 00:00 to 06:00 during the period of attachment of an electronic device to take out the device outside the residence of the person subject to attachment.”

Nevertheless, the Defendant, from around 00:10 on July 13, 2013 to around 01:55 on the same day, failed to comply with the rules of the court on 12 occasions on June 28, 2016, including the following: (a) the Defendant drinking alcohol at the main place in front of the Daejeon Dong-gu Daejeon District B’s residence; and (b) the Defendant violated the rules of the court on 12 occasions in total as shown in the

2. A person with a portable tracking device signalling an electronic device 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.

Nevertheless, the Defendant failed to charge the above electronic device, thereby harming its utility by ensuring that all of the tracking electronic device was taken out for about five minutes from April 14, 2014 to April 23:40.

3. After warning the head of a probation office, persons wearing an electronic device or persons subject to probation shall be subject to the Act on Probation, etc. without justifiable grounds;

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