[criminal record] On May 13, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Electronic Monitoring, etc. of Specific Offenders at the Daejeon District Court, and completed the execution of the sentence in the official prison on March 26, 2016.

【Criminal Facts】

On November 10, 2010, the Defendant is subject to attachment of an electronic tracking device from March 2, 2012 to August 21, 2020 following the sentence of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

A person with a location tracking device (hereinafter referred to as “electronic device”) shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device. Meanwhile, the said electronic device is used to confirm the location of a person with an electronic device installed in the Location tracking Control Center and detect the movement route.

On March 23, 2019, the Defendant: (a) damaged the male toilets of the third floor in Pyeongtaek-si B by means of cutting off the connecting part of the electronic device attached to the Defendant’s right edge, which had been prepared in advance, from the third floor of the C Station in Pyeongtaek-si B; and (b) discarded the said electronic device into the toilet and run away, thereby preventing the Daejeon Probation Office from detecting the location of the Defendant’s location and movement route.

As a result, the Defendant, who has installed an electronic device, arbitrarily separateed and damaged the electronic device from his body during the period of attachment of the electronic device, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs materials (fluor, etc. used for committing the crime);

1. Previous records of judgment: Criminal records, inquiry reports, written judgments of suspects, application of Acts and subordinate statutes on the status of personal confinement;

1. Articles 38 (1) and 14 (1) of the Act on Probation against Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices against the relevant criminal facts;

1. The Criminal Act among repeated crimes;