특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On November 01, 2013, the Defendant received a decision on five years to attach a location tracking electronic device pursuant to the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and 80 hours to complete sexual assault treatment programs, and on November 06, 2013, the decision became final and conclusive on November 13, 2013, and was subject to implementation training in the Daegu Young-gu Probation Office, and attached a location tracking device 18:00 on the same day.
No person with an electronic device installed shall destroy or damage the electronic device from his/her body, interfere with its propagation, alter data received, or otherwise impair its utility during the period of attachment of the electronic device.
Nevertheless, at around 02:44 on November 14, 2013, the Defendant: (a) destroyed and cut the string of the electronic device by melting it with fire to the aforesaid electronic device by melting it, using a disposable tool that was in possession of the attached location tracking electronic device due to the inconvenience of the electronic tracking device.
As a result, the Defendant, as an electronic device, arbitrarily separated the electronic device from his body, thereby impairing its utility.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. Each description of a direction for execution of an attachment order, a copy of the processing register, such as a written decision on the common morals of the Daegu District Court, a location tracking risk alert, and a seizure report and the list of seizure;
1. Application of each of the visual Acts and subordinate statutes to each photograph;
1. Article 38 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Articles 14 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option of punishment;
1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act was not only a day but also a day on which the location tracking electronic device was attached, and such damage was caused.