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(영문) 전주지방법원 군산지원 2015.10.23 2015고단619
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for three months and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On April 8, 201, the Defendant was sentenced to imprisonment with prison labor for two years and six months in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor rape, etc. under the age of 13) at the Gwangju High Court on February 22, 2013, and was sentenced to a fine of three million won in violation of the Act on Probation and the Electronic Monitoring, etc. of Specific Offenders in the Military Prison on February 2013.

【Criminal Facts】

On February 26, 2015, the Defendant, upon receiving a ruling from the Jeonju District Court’s Gunsan Branch, that “the Defendant shall add “the Defendant shall not drink more than the amount of alcohol designated by the probation officer during the period of attaching the location tracking device” to “the Defendant’s special matters to be observed.”

3. 4. Probation Officer’s notification from the probation officer that he would not drink more than 0.05% of alcohol content with the contents of the above decision.

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device, and shall not violate any of the matters to be observed by the court without justifiable grounds.

Nevertheless, the Defendant:

1. On May 15, 2015, around 12:30 on May 15, 2015, the small liquor is to be drunk with the blood alcohol concentration equivalent to 0.109% by drinking together with E in the “D” restaurant located in the Gunsan-si C;

2. At around 14:10 on the same day, at the fest post office parking lot located in the flive-ro, flive-ro, flive-ro, flive-ro, flive-ro, flive-ro, flive-ro, flive-ro, and damaged the defendant's portable tracking device carried by him so as not to operate normally

As a result, the defendant violated the code of practice imposed by the court during the period of attachment of the electronic device, and damaged the electronic device to its utility.

Summary of Evidence

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