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(영문) 춘천지방법원 강릉지원 2016.03.31 2016고단92
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Gangseo branch of the Chuncheon District Court on January 9, 2014, and completed the execution of the sentence in the Chuncheon Prison on July 29, 2015.

Since the Defendant was sentenced to an order to attach an electronic tracking device as above, even if it does not undermine the utility of the electronic tracking device for five years from the date of the completion of the execution of the sentence, the Defendant left the electronic tracking device at around October 14, 2015 without filling the portable location tracking device in the G at the time of East Sea, thereby impairing its utility. From that time to December 31, 2015, the Defendant maintained the utility of the electronic tracking device more than 12 times in total, as shown in the list of crimes in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. The processing ledger, including the request for investigation, each location tracking risk alert, and the status of protection and observation;

1. Previous convictions: Application of inquiries about criminal history, personal identification and confinement status, and Acts and subordinate statutes governing investigation reports;

1. Article 38 and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders, the Act on the Electronic Monitoring, etc., and the Selection of Imprisonment with prison labor, for the crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although it is reasonable to attach an electronic tracking device to the location of the crime, in light of the content and frequency of the crime, and the attitude after the crime, etc., even though there have been several records of punishment for sexual crimes against minors on the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes Act, it does not seem that the crime is against the nature of the crime.

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