특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On October 18, 2013, the Defendant was placed at the Busan District Court to attach an electronic tracking device for five years due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and is put on probation for such period, and a person who has an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body, interfere with the dissemination of such device, alter data received, or otherwise undermine its utility during the period of attachment, and shall comply with the direction and supervision of probation officers.
1. On July 22, 2015, the Defendant got out of Korea with a person in charge of probation for outpatient medical treatment. Around July 14:18, 2015, at the free wholesale market located in the Macheon-dong, Busan Metropolitan City, using the gaps of surveillance by a person in charge of probation, and subsequently, it is impossible to receive radio waves by attaching a seat purchased at a nearby store to a portable tracking device and attachment device, and by using a method of not charging a portable tracking device, the Defendant interfered with radio waves of electronic devices from July 23, 2015 to July 22, 2015, or by other means.
2. On July 22, 2015, the Defendant violated the matters to be observed by a person on probation, such as notifying the Defendant of his/her location at telephone, maintaining the utility of the electronic device, etc., and issuing a warning as to the disadvantageous disposition when violating the matters to be observed by a person on probation, at the time and place stated in paragraph (1). However, the Defendant violated the matters to be observed by a person on probation, such as: (a) leaving the Defendant’s location until July 23, 2015; (b) refusing to comply with the direction and supervision of the probation officer.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Details of the disappearance of electronic devices, the processing register, such as location tracking risk alert, and photographs of criminal tools;
1. Records of seizure and the list of seizure;
1. The Acts and subordinate statutes governing the investigation report (afix of documentary evidence);