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(영문) 대구지방법원 2013.12.05 2013고단5822
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On November 20, 2007, the Defendant was sentenced to three years of imprisonment for rape and injury by rape at the Ulsan District Court, and was ordered to attach an electronic tracking device for five years from the Daegu District Court racing support on August 31, 2010 during confinement in the racing prison. On September 4, 2010, the Defendant issued an order to attach an electronic tracking device and released the Defendant on September 4, 2010.

【Criminal Facts】

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, and shall not violate any of the matters to be observed by the court.

1. Violation of duty to maintain the utility of electronic apparatus;

A. On November 3, 2012, from around 16:47 to 17:42, the Defendant: (a) went under the influence of alcohol in his/her residential area No. B 207, Daegu Southern-gu, Daegu-gu, 207; (b) went missing the signal of radio waves that traces happiness by leaving his/her residential area in a place of residence, thereby impairing the utility of the electronic device.

B. On November 16, 2012, from around 06:57 to 08:43, the Defendant, at the same place as the foregoing paragraph (a) from around 06:20 to around 08:43, the Defendant, under the influence of alcohol, went missing the signal of radio waves tracking the movement by cutting off the portable tracking device with a method of not filling the portable tracking device.

C. On March 31, 2013, from around 20:13 to 20:53, the Defendant, at the same place as the foregoing paragraph (a) and at the same place under the influence of alcohol, left off a portable tracking device by not charging a portable tracking device, and went through the tracking device, thereby nullifying the utility of the electronic device.

On April 7, 2013, from around 18:35 to 19:18, the Defendant, at the same place as the above paragraph (a), went missing the signal of radio waves that traces the movement by cutting off the portable tracking device with a method of not charging the portable tracking device under the influence of alcohol, and thereby impairing the utility of the electronic device.

(e).

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