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(영문) 춘천지방법원 2018.12.18 2018고단962
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2008, the Defendant was sentenced to two years and six months of imprisonment for rape, and completed the execution of the sentence in the Chuncheon prison on October 22, 2010. On August 5, 2013, the Defendant was ordered to attach an electronic tracking device at the Chuncheon District Court to attach an electronic tracking device for ten years from August 28, 2013.

1. A person with an electronic device installed is obligated to charge the electronic device and comply with the guidance and supervision of the protection observation officer so that the function of the electronic device can be maintained normally;

On January 1, 2014, the Defendant received warning on January 9, 2014 by failing to comply with the instruction and supervision of the protection observation officer to charge an electronic device at around 05:48, and on March 19, 2016, the Defendant issued a warning again on March 21, 2016, despite the Defendant’s failure to comply with the instruction and supervision of the protection observation officer to charge an electronic device at the “D Age Club” located in Chuncheon-si C, Macheon-si, around 2018.

2. Although a person with an electronic device installed does not arbitrarily impair the electronic device, the Defendant: (a) on June 19, 2018, around the “D Age Club” located in Chuncheon-si C, Chuncheon-si; and (b) on June 19, 2018, the Defendant is obliged to charge the electronic device to the protection observation officer who is called to charge the electronic device as above.

In this way, it was damaged by the sound of the "contested to be improved and sent to be bound by the prison", and the portable tracking flusing flusium, so far as it is hard to the telegraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes concerning damaged electronic device photographs, a copy of the direction to execute the attachment order, documents to be submitted by the protective observation office, written warning, and the status of observation;

1. Article 38(1) and Article 14(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices for a specific criminal offense, as well as the pertinent provision of the Act on the Protection and Monitoring, etc. of Electronic Devices.

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