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(영문) 창원지방법원 밀양지원 2014.06.19 2014고단118
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 9, 2005, the defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.), and on July 7, 2006, in the same court on July 7, 2006, two years and six months of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, etc.) and three years of imprisonment were finalized on the same day, and the sentence of the suspended sentence was invalidated on March 6, 2013.

On July 8, 2013, the Defendant was subject to an order to attach an electronic tracking device for ten years at the Changwon District Court Jinju Branch on July 8, 2013.

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 the same without justifiable grounds after he/she receives a warning in violation of the direction and supervision of the probation officer.

1. On September 23, 2013, from around 03:28 to 05:49, the Defendant had the utility of an electronic device by allowing the Defendant to take out all of the portable tracking devices, because he/she did not charge and manage an electronic device under the influence of alcohol in a day-to-day.

2. On October 10, 2013, from around 02:38 to 07:24, the Defendant: (a) did not charge and manage an electronic device that leads to a sexual intercourse with the main employee at the DNA telecom, thereby allowing the use of the electronic device by allowing the full flow of the portable tracking device.

3. On December 19, 2013, from around 04:33 to 04:53, the Defendant had impaired the utility of the electronic device in the same manner as that described in paragraph (2) at the place described in paragraph (2).

4. On December 26, 2013, from around 23:58 to December 27, 2013, the Defendant has impaired the utility of the electronic device in the same manner as described in paragraph (2) at the place described in paragraph (2) from around December 26, 2013 to around 04:36.

5. On September 30, 2013, the Defendant is a Changwon Probation Office located in Smuggling.

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