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(영문) 인천지방법원 2017.08.11 2017고단4255
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On April 22, 2015, the Defendant was sentenced to the attachment of an electronic tracking device for two years and three years at the Incheon District Court on April 20, 2015, on April 20, 2017, after the execution of the sentence was completed, attached an electronic tracking device on May 31, 2017.

[Criminal facts]

1. A person who has installed an electronic device in violation of his/her duty to maintain the utility of the electronic device shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, damage, interfere with radio waves, alter data received, or otherwise impair its utility;

On June 6, 2017, from around 16:26 to 18:20 on the same day, the Defendant did not carry a portable tracking device, which is an electronic device, and went away from the Defendant’s residence in Gyeyang-gu Incheon Metropolitan City, and caused a warning of escape from the scope of response to the attachment, thereby impairing the utility of the electronic device.

2. On June 6, 2017, at around 09:15, the Defendant issued a written warning to the effect that the Defendant violated the matters to be observed by a person subject to protection observation, that “the Defendant shall observe the duty to maintain the utility of electronic devices, observe the protection, and follow the direction and supervision of the observation officer,” on June 5, 2017, and on June 6, 2017, from around two hours from around 16:26 to around 16:26 of the same day, he/she affected the effectiveness of the electronic device and drinking alcohol, as described in paragraph (1).

As a result, the Defendant, who was attached with an electronic device, urged the warden to observe the rules in violation of the matters to be observed by the subject of protection observation without justifiable grounds, and issued a warning that he/she may receive unfavorable disposition, such as the execution of punishment, again violated the rules without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Direction of execution of an attachment order (related written judgments) and tracking the location of persons who attach electronic sabrus;

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