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(영문) 제주지방법원 2015.08.20 2015고단613
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant had been sentenced to an order to attach an electronic tracking device for one year and three years at the Jeju District Court to a location tracking device for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and on January 30, 2013, the judgment became final and conclusive on August 14, 2013, and the execution of the sentence was completed at the Jeju Prison on August 14, 2013.

Criminal facts

1. No person who has an electronic tracking device attached shall arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its dissemination, alter data received, or impair its utility by any other means;

On September 22, 2013, at around 21:08, the Defendant maintained the utility of the electronic device for about 27 minutes in a way that he did not charge the electronic device despite being charged with the location tracking in an irregular area, and did not take the electronic tracking device entirely at around 21:52 on the same day.

In addition, from that to March 3, 2015, the Defendant did not charge a portable tracking device for a total of 18 times during the period from that time to March 3, 2015, which led to the disappearance of signal or escape from the scope of self-defense without justifiable grounds.

2. Persons wearing an electronic device or persons on probation shall endeavor to observe the matters to be observed under the direction and supervision of probation officers and to become sound members of society on their own, and the head of a probation office may urge persons on probation to observe the matters to be observed and warn them that they may be subject to disadvantageous measures, such as the execution of punishment, when there exist reasonable grounds to believe that they have violated or

On October 25, 2013, the Defendant refused to comply with the direction of the probation officer to charge a portable device and thus, received written warning from the head of the Jeju Probation Office on October 28, 2013. However, on January 22, 2014:09.

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