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(영문) 대구지방법원 김천지원 2016.10.27 2016고단1041
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was subject to the decision to attach an electronic tracking device for ten years due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery) in the Seo-gu District Court’s Branch Branch on November 27, 2014, and the decision became final and conclusive and is put on probation with an electronic tracking device attached from January 9, 20

1. A person who has an electronic device installed voluntarily from his/her body (hereinafter referred to as "person subject to attachment") shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility;

Nevertheless, around November 10, 2015, at around 19:17, the Defendant released from the Defendant’s house located in Kimcheon-si C, installed a portable tracking device at home to prevent the Defendant from being separated from his body at will, thereby impairing his/her utility, and prevented the Defendant from being aware of his/her location. In addition, the Defendant arbitrarily separated the portable tracking device from his/her body over six occasions, as described in attached Table 1, from his/her body, so that the Defendant could not grasp the Defendant’s location.

2. A person wearing an electronic device subject to attachment, such as night, shall not violate the provisions on restrictions on outing in a specific time zone, such as night imposed by the court, without justifiable grounds;

Nevertheless, the Defendant did not obtain prior permission from the Defendant, and on May 9, 2015, on the same day as the date when the Defendant was enrolled in the “Eel” set forth in 803 of the “Eel” located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul.

9. From 24:00 to 06:00 on the following day, the person violated the special rules to be observed during a specific time period of time, i.e., “to take out out of the country from 24:00 to 000,” without justifiable grounds, and violated the special rules to be observed for six times, such as the list 2 of the crimes committed in the annexed Table 2.

3. Re-violation of the obligations of probation officers;

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