특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to seven million won.
When the defendant does not pay the above fine.
Punishment of the crime
[criminal power] On July 24, 2013, the Defendant was sentenced to imprisonment with labor for one year and a fine of five million won in violation of the Act on Probation and Electronic Monitoring, etc. against Specific Offenders in the Jeju District Court's original branch on July 24, 2013. On June 12, 2014, the Defendant completed the execution of the sentence in the Chuncheon Prison.
【Criminal Facts】
On August 31, 2006, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under the Age of 13), etc. in the original state support of the Chuncheon District Court, and on February 8, 2011, the Defendant was subject to matters to be observed, such as “the period of attachment (five years of attachment) and the order to attach an electronic tracking device from around 00:00 on each day to 06:00, to refrain from going outside the residential area.”
1. The Defendant violated the code of practice, without justifiable grounds, throughout nine times in total, from around 00:0 to around 06:00 each day, even though he was prohibited from going out of the place of residence, he did not drink outside the place of residence, and returned home at around 00:50 on September 21, 2014, and up to July 8, 2015.
2. A person who has an electronic tracking device installed with a location and tracking device that infringes on the utility of an electronic tracking device shall not arbitrarily separate or damage the electronic device from his/her body during the period of electronic device attachment, interfere with its dissemination, alter data received, or otherwise impair its utility.
A. On July 7, 2015, the Defendant, at around 23:05, 2015, placed a portable location tracking electronic device on a taxi under the influence of alcohol at an irregular area, thereby undermining its utility by separating the location tracking electronic device from the body from July 8, 2015 to the 00:49, thereby preventing the receipt of location information.
B. On July 20, 2015, the Defendant, at around 20:06, lost a portable location tracking device under the influence of alcohol in the vicinity of the Kuju-si, thereby separating the location tracking device from the body from that time until July 21, 2015.