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(영문) 창원지방법원 마산지원 2014.09.24 2014고단798
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 1, 2005, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) at the Busan High Court on December 1, 2005, and completed the execution of the said sentence at the Jinju Prison on October 1, 2007. On May 19, 201, the Defendant was sentenced to seven years of an order to install a location tracking device at the Busan District Court on May 19, 201, and was ordered to restrict residence, to restrict out-of-door, to prohibit access to the victim, to order 40 hours of sexual assault treatment programs at the Changwon District Court on May 1, 2014, and was sentenced to five months of imprisonment and a fine of three million won for the violation of the Act on Probation and Electronic Monitoring of Specific Offenders on May 22, 2014, and was released from the detention center through the Defendant’s appeal.

On the other hand, on November 5, 2009, the Defendant was sentenced to three years and two months of imprisonment due to indecent act by force in the territory of the Changwon District Court on the part of the Defendant, and completed the execution of the said sentence in the Changwon Prison on May 31, 2013.

Criminal facts

1. At night, the Defendant was sentenced to an order to attach an electronic tracking device from the Busan District Court to an order to attach an electronic tracking device at night, as seen above, and at the same time, the Defendant was subject to the obligation to comply with the order to attach an electronic tracking device “from 24:00 to 06:00 each day during the period of attachment of the electronic device, the Defendant was released on May 22, 2014, and was notified of the matters to be observed simultaneously with the execution of the order to attach an electronic device during the remainder of the period until October 29, 2019. However, even if the Defendant was released on May 29, 2014, at around 00:00 to 05:42, the Defendant was released from the Defendant’s residence outside of the area, and was in violation of the order to attach an electronic tracking device at around 19 times from around that time to June 25, 2014.

2. The Defendant, who left the scope of a portable tracking device, is present at the Defendant’s domicile from around June 3, 2014 to around 05:00 on June 4, 2014.

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