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(영문) 의정부지방법원 고양지원 2020.05.20 2020고단1093
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

1000.000.0000.000.000.000.000..

Reasons

Punishment of the crime

On March 16, 2018, the Defendant was sentenced to one year of imprisonment for the violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, larceny and bodily injury in order to implement the sentence on February 1, 2019.

1. A person who has an electronic device attached in violation of the Act on Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders 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 dissemination, alter data received, or otherwise impair its utility;

On February 24, 2020, the Defendant was subject to a location tracking electronic device (hereinafter “electronic device”) from March 2, 2020 by the Medical Treatment and Custody Deliberation Committee for three years.

At around 20:44 on April 7, 2020, the Defendant cut the electronic device from the 40-lane 40-way to the industrial cutting machine ( Vacker and No. 3) to the nearest.

As a result, the Defendant arbitrarily separated and damaged the electronic device from his body during the period of attachment of the electronic device, thereby impairing its utility.

2. At around 04:17 on April 8, 2020, the Defendant was accommodated in “B hotel C” with the victim D.

The defendant stolen 400,000 won in cash owned by the victim in a cresh or inside another victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (the details of receipt of the report, etc.);

1. A criminal investigation report (to be accompanied by documents of the branch office of the Office of Probation in the Government) and documents attached thereto;

1. Records of seizure and the list of seizure;

1. Field photographs, etc.;

1. Notification of a person to be attached with an electronic device, written decision, and instructions for observance;

1. Investigation report (Attachment of industrial cutting photographs), and industrial cutting photographs;

1. Previous records: Criminal records and other inquiries, investigation reports (Attachment to the current status of confinement, etc.), application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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