logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.05.12 2016고단268
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On August 12, 2005, the Defendant was sentenced to seven years of imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc.) in the Daegu District Court Port Support, etc., and completed the execution of the sentence on June 12, 2012. In this regard, on November 8, 2013, the Defendant was under the execution of an electronic device attachment order from November 21, 2013 to November 21, 2013, on which the obligation to keep the electronic tracking device from going out of his/her residence was imposed from 23:0 to 06:0 the following day during the period of attachment and attachment of the electronic tracking device.

In addition, on June 10, 2015, the defendant was sentenced to 6 months of imprisonment and 2 million won of fine on November 23, 2015 due to a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. in the Daegu District Court Port Support on June 10, 2015, and the above judgment became final and conclusive on November 23, 2015. On March 10, 2016, the same court was sentenced to 1 year of imprisonment and 3 million won of fine for the same crime, and the judgment became final and conclusive on April 14, 2016.

1. On June 3, 2015, the Defendant violated an order of restriction on outing from around 23:00 to around 05:30 the following day during the execution period of an attachment order, the Defendant violated the order of restriction on outing, including drinking alcohol at the main points of “D” located in the north-gu, Ma-gu, Mapo-si, the place outside of a residence.

2. A person who has an electronic device that infringes on the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body during the period of electronic device attachment, damage, interfere with radio waves, alter data received, or otherwise impair its utility;

However, on June 3, 2015, the Defendant infringed the utility of electronic device by arbitrarily separating the tracking device from around 23:11 to 05:30 following the following day, and preventing the location from tracking the device in his/her own vehicle in the north-gu E at the port of port.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (in addition to a request for investigation by the branch of the Daegu Protection Office) and the processing ledger, such as the direction of execution of the order requested by the head of the Daegu Protection Office, the statement statement, the report by the person to whom the attachment is attached, the report of violation by the location tracking risk alert, etc. attached thereto.

arrow