Violation of law

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

On December 1, 2005, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Busan High Court, and completed the execution of the said sentence at the Jinju Prison on October 1, 2007. On May 19, 2011, the Defendant was sentenced to seven years to an order to attach an electronic tracking device at the Busan District Court to attach an electronic tracking device, and was ordered to complete a program for 40 hours for a sexual assault treatment program.

On the other hand, on November 5, 2009, the Defendant was sentenced to three years and two months of imprisonment due to indecent act by force in the territory of the Changwon District Court on the part of the Defendant, and completed the execution of the said sentence in the Changwon Prison on May 31, 2013.

1. Violation of the restriction on outing at night;

The Defendant issued an order to attach a location tracking device from the Busan District Court at the same time, and issued an order to attach an electronic device “out of the period of attachment of an electronic device from 24:00 to 06:00 each day, to be out of the place of residence of the respondent,” but was subject to the obligation to comply with, from 00:00 on September 5, 2013 to 06:00, the Defendant was going out of the Defendant’s place of residence in the Chang Simsan-si Member C, and was going out from the place of residence to November 14, 2013.

2. Deserting a portable tracking device from the scope of response;

On September 5, 2013, from around 16:05 to 17:08 of the same day, the Defendant went out without possessing a portable tracking device for 63 minutes at the front of the Defendant’s domicile, and thereby undermining its utility by causing a escape warning of the scope of response to the attachment, as shown in attached Table (2) from around that time to November 9, 2013.

3. Violation of a portable tracking device signal missing;

On October 24, 2013, from around 23:35 to 00:35, the Defendant had its utility by neglecting a portable tracking device for 60 minutes and by preventing the location of the Defendant from being identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The processing ledger, such as location tracking, risk warning, etc.;

1. A copy of the decision on attachment, and a copy of the execution direction of attachment order;

1. A report on investigation (a copy of the judgment shall be attached);

1. Current status of the number or accommodation of each individual;

Application of Statutes

1. Article applicable to criminal facts;

Articles 39(3), 9-2(1)1 (in violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders), 38, 14(1) (in violation of the Act on Probation and Electronic Monitoring, etc.), 39(3), 9-2(1)1 (in violation of the Act on Probation and Electronic Monitoring,

1. Aggravation for repeated crimes;

Article 35 (Offense of Violating the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to Impact of Electronic Devices)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Reasons for sentencing

In light of the legislative intent and effectiveness of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a strict punishment is required for a crime of violation of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, further violation of the Act even after the defendant files a complaint in this case, and other circumstances that are the conditions for sentencing specified in the records of this case, in consideration of the fact that the defendant commits the crime in this case even during the period of repeated crime, and the purpose of protecting citizens from sexual crimes by attaching an electronic tracking device to re-socialize through prevention of recidivism of sex offenders and their personality and behavior correction.