On May 9, 2013, the Defendant sentenced the Seoul High Court to two years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and completed the execution of the sentence on November 4, 2014.

On November 4, 2014, the Defendant was issued an electronic tracking device (hereinafter referred to as “electronic device”) with a position-based tracking device (hereinafter referred to as “electronic device”) for five years upon the completion of the execution of the sentence in a military prison as the criminal record.

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

Nevertheless, at around 00:48 on November 5, 2014, the Defendant: (a) laid down a pool forest under the bridge with the “portable tracking device” (a device to verify the location of an electronic device subject to attachment through the satellite location verification system and the mobile communication network, carried by a person with an electronic device) among the electronic devices, and left the bridge.

As a result, the Defendant arbitrarily separated the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Portable tracking device photographs;

1. Reports on internal investigation (the face value of a suspect's electronic launch wastes);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of cumulative records, etc.), and Acts and subordinate statutes on personal identification and accommodation status;

1. Articles 38 and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have committed the relevant crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, may consider the circumstances favorable to the defendant that the defendant recognized the facts charged in the instant case and reflected his mistake. However, the legislative purpose of the Act, such as the prevention of recidivism by the specific criminal offender, is the same.