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(영문) 대구지방법원 2013.03.27 2013고정20
특정범죄자에대한위치추적전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 20, 2007, the Defendant was sentenced to three years from the Ulsan District Court sentenced to imprisonment for rape, and on August 31, 2010, on August 31, 2010, issued an order to attach an electronic tracking device for five years from the Daegu District Court racing support. On September 4, 2010, the Defendant was released from prison by attaching an electronic tracking device upon completion of the enforcement of the sentence.

In accordance with the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the Defendant has a duty not to arbitrarily separate or damage an electronic device from his/her body, interfere with its dissemination, alter data received, or otherwise impair its utility, while attaching an electronic device to a specific criminal subject under probation.

A. (i) The Defendant breached his/her duty to maintain the utility of electronic device; (ii) the same year on October 2, 201; and (iii) October 30 of the same year; and (iv) May 18, 201;

8.16.16. The same year

9. On October 9, 2012, both of the following: (a) went missing the signal of radio waves tracking the whistle in a way that does not carry a portable tracking device on an intentional basis on six occasions; and (b) has impaired the utility of the electronic device.

Shelled on September 3, 201, April 7, 2012, 201, the Defendant went missing the signal of dissemination tracking the movement by cutting off all of the portable tracking devices, without charging a portable tracking device.

B. Violation of the code of practice (e.g., restriction on outing out of a specific time zone from 00 to 6:00) (i) the Defendant violated the duty to restrict outing out of a specific time zone, including night time, in a manner that he/she does not return home under the influence of alcohol at around 00:0 to 1:10 on May 20, 2012. The Defendant violated the duty to restrict outing out of a specific time zone, including night time, by failing to return home without permission, at around 00:0 to 00:58 on May 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A direction for execution of an attachment order;

1. Location tracking, risk alert, etc. processing register, probation status (896 items), and report on violations by a person wearing an electronic device;

1. The Daegu District Court's decision on the racing support; and

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