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(영문) 수원지방법원 2016.07.14 2016고단2337
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 30, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. at the Suwon prison on June 30, 2014, and completed the execution of the sentence in the original prison on February 8, 2015.

On August 22, 2013, the Defendant was determined to attach a location tracking device to an electronic device on August 27, 2013, by five years after the judgment of the first instance court, as an attachment order after the order to attach an electronic device. On October 25, 2013, the Defendant was determined to add “assumpting alcohol content at least 0.05% during blood, and complying with the inspection conducted by the protective observation officer for drinking.”

A person with an electronic device installed 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.

1. On January 23, 2016, the Defendant committed the crime at around January 23, 2016, at the “D Hospital” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, on January 23, 2016, the Defendant laid down a portable tracking device on the floor that was located in his/her main machine without any particular reason and destroyed it.

2. Crimes committed on May 4, 2016;

A. From May 3, 2016 to May 14:0, 2016, the Defendant who violated his/her duty of observance dices alcohol by drinking alcohol to the drinking alcohol concentration of 0.20% in Suwon-si E at around 00:00 on May 4, 2016.

As a result, the Defendant violated the code of practice, i.e., drinking more than 0.05% alcohol concentration in blood.

B. On May 4, 2016, the Defendant damaged the location tracking device by setting the portable tracking device on the first floor and destroying the device on the following grounds: (a) around 00:55, on the ground that he was required to return home from G, the protection observation officer belonging to the Suwon Protection Monitoring Station, who was in charge of the protection observation officer belonging to the Suwon Protection Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Investigation report (the result of investigation of the applied drinking volume with the mark at the time of arrest of the flagrant offender);

1. Copy of the decision on special matters to be observed;

1. A previous conviction in judgment:

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