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(영문) 서울북부지방법원 2016.08.10 2016고단2279
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On October 16, 1987, the Defendant was sentenced to two years of imprisonment for rape, etc. at the Seoul Southern District Court; on February 24, 1994, the Daejeon High Court sentenced to two years and six months of suspension of execution; on December 10, 2004, the Defendant was sentenced to six months of imprisonment for an indecent act committed by force under the Cheongju District Court Support Act; on March 9, 2007, the Seoul High Court sentenced the Defendant to eight years of imprisonment for a violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.); on October 2, 2014, the Defendant completed the execution of the sentence; on July 23, 2014, the Defendant was sentenced to the attachment order of the electronic tracking device for seven years from the method of providing support to the Suwon District Court to the Seoul High Court to observe the attachment order for the electronic tracking device for seven years at the same time, and completed the execution of the sentence with the Defendant’s tracking device for the electronic tracking device for five years.

[Criminal facts]

1. On March 27, 2016, at around 21:14, the Defendant: (a) committed theft and theft by towing one bicycle at the victim D’s market price at an amount of KRW 6.50,00,00, located in front of the Seoul Central-gu Seoul Metropolitan Government C.

2. No person who has installed an electronic device in violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices shall temporarily separate the electronic device from his/her body during the period of attachment of the electronic device, impair the utility of the device by means of damage, interference with radio waves, alteration of received data, or others;

Nevertheless, around June 5, 2016, the Defendant, at around 18:34, 2016, cut off the attachment device attached to the Defendant’s shot-si E with a location tracking device during the electronic device attachment period, using a refratator purchased from the steel store, thereby damaging the attachment device, which is a location tracking device.

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