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(영문) 인천지방법원 2016.01.28 2015고단7958
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to an order to attach an electronic tracking device for two years, six months, and five years, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (livering between persons with disabilities, etc.) by the Incheon District Court, and the judgment became final and conclusive on July 26, 2013, and completed the execution of the sentence at the Net Prison on September 26, 2015.

1. A person who has an electronic device that impairs the utility of an electronic device (hereinafter referred to as "person subject to attachment");

during the period of attachment of an electronic device, no electronic device shall be separated from his/her body at will, damage, interfere with propagation, alter data received, or impair its utility by any other means.

Nevertheless,

A. On November 3, 2015, around 16:39, the Defendant released a portable electronic device from the Defendant’s residence in the Jung-gu Incheon Metropolitan City C2, 2015, by separating the portable electronic device from the Defendant’s residence, and by making it impossible to trace the location between approximately 48 minutes until around 17:17 of the same day, thereby impairing the utility of the electronic device.

B. On November 4, 2015, the Defendant released a portable electronic device from the above church without separation of the electronic device at around 10:02, and made approximately 19 minutes of tracking the location from around 10:21 on the same day impossible, thereby impairing the utility of the electronic device.

(c)

On November 27, 2015, around 05:41, the Defendant released a portable electronic device at the Defendant’s residence located in Jung-gu Incheon, Jung-gu, Incheon, and 203 by separating the portable electronic device and making it impossible to track the location between 06:15 on the same day, thereby impairing the utility of the electronic device.

(d)

On November 27, 2015, around 10:18, the electronic device was separated from portable electronic device at the above E inn, and the electronic device was released from around 48 minutes until around 11:06 on the same day, thereby impairing the utility of the electronic device.

E. On November 30, 2015, around 03:27, the Defendant arbitrarily cut off all of the home-based electronic device at the above E inn’s house, thereby impairing the utility of the electronic device between 6:10 and 10 minutes until it is restored to the dispatch of a dedicated employee (F) on the same day.

F. On December 2, 2015, the Defendant portable at the above E inn’s house around 12:14.

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