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(영문) 대전지방법원 2018.10.18 2018고단2968
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 21, 2004, the Defendant was sentenced to imprisonment with prison labor for 12 years for crimes, such as the punishment of sexual crimes and violation of the Act on the Protection, etc. of Victims (special robbery) in the Daejeon District Court on July 21, 200, and completed the execution of the sentence on April 24, 2016.

On April 22, 2016, the Defendant was subject to an order to attach an electronic device for tracking a location for five years in the wooden Branch of the Gwangju District Court on April 22, 2016.

(Criminal facts) On August 12, 2018, the Defendant had a burden of attaching a flat electronic device in Seo-gu Daejeon, Seo-gu, Daejeon on August 12, 2018 during the period of the attachment of an electronic device, and had the device installed in advance, separated and damaged the connecting parts of boops from his body at will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged electronic device photograph;

1. A written inquiry about criminal history;

1. The application of the Acts and subordinate statutes concerning the investigation report and the acceptance by individuals;

1. Article 38 (1) of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc. (a point of separation and damage of an electronic device) and selection of a fine for a crime;

1. In consideration of the fact that the defendant committed the crime of this case during the period of repeated crime, in light of the purpose of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices, etc., for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the criminal liability of the defendant is unlimited, but the defendant voluntarily surrenders to the defendant for three hours, the defendant is living relatively in good faith as the number of trees, and the defendant is being led to confession, and the punishment as set forth in the order shall be determined together.

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