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(영문) 부산지방법원 동부지원 2013.05.14 2013고단905
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, at the Busan High Court, for three years and two years, and issued an order to attach an electronic tracking device. On June 3, 2012, the Defendant completed the execution of the above punishment and attached a location tracking device at the same time.

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 June 4, 2012, at around 09:55, the Defendant had the function of the electronic device not maintained normally by not filling the portable tracking device in a private unit near the Suwon-gu, Busan, and by allowing all of them to take place.

2. On July 22, 2012, around 12:20, the Defendant went out without carrying a portable tracking device at the Defendant’s house located in the Busan Suwon-gu D1st, without justifiable grounds, and went out from the outside without any justifiable reason, and went out from the above date and time to 13:10 on the same day so that the function of the electronic tracking device is not maintained normally, thereby impairing its utility.

3. On August 29, 2012, the Defendant, at around 18:04, deserted the function of the electronic device to the extent that the device was not maintained normally by leaving the scope of the device without any justifiable reason, without carrying a portable tracking device in a parking lot near the Defendant’s house.

4. On October 9, 2012, the Defendant, at the Defendant’s home, carried a portable tracking device at the Defendant’s house without justifiable grounds, and went out from the Defendant’s home from the above date to 23:00 of the same day, thereby undermining the function of the electronic device without maintaining the function of the device normally.

5. On December 24, 2012, the Defendant, at around 17:05, did not carry a portable tracking device at the Defendant’s home without justifiable grounds, and went out from the above date and time to the same day.

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