특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. On November 14, 2014, the Defendant violated the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, was sentenced by the Seoul High Court to order the attachment of an electronic tracking device for five (5) years, and was subject to attachment of an electronic tracking device from January 22, 2015.
No person who has violated the duty to maintain the utility of a location tracking device shall 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.
1) On March 12, 2015, at around 13:07, the Defendant: (a) failed to charge an electronic device in a “C market” restaurant located in Jeju-si B on the ground of alcohol in a cafeteria; and (b) thereby, caused all of the device to be discharged by not later than 14:10 on the same day by not later than 14:10 on the same day. (c) On April 11, 2015, the Defendant got the utility of the electronic device for about 40 minutes by failing to charge an electronic device, on the ground that the Defendant was drunk in a mutually influent restaurant located in Jeju-si Port D, thereby allowing all of the device to be discharged.
3) On April 20, 2015, around 18:58, the Defendant: (a) laid a portable device in the Defendant’s residence located in Jeju-si E with the electronic device installed in the said residence for the purpose of drinking alcohol fraud; (b) went out for about 27 minutes from that time to 19:25 on that day; and (c) thereby impairing the utility of the electronic device for about 5 minutes by failing to charge the electronic device on April 23, 2015, on the grounds that the Defendant should go out from the Defendant’s residence, and thereby, caused the use of the electronic device for about 08:17 of the same day by giving the electric power to the Defendant, for a period of about 27 minutes.
B. At the same time, the Defendant violated the order to attach an electronic device from the Seoul High Court, stating that “The Defendant shall take out the place outside of his residence and place of work from 00:00 to 06:00 each day during the period of attachment of an electronic device”.