2013 Highest 767 Violation of the Act on the Attachment, etc. of Electronic Monitoring Devices for Specific Offenders

A person shall be appointed.

Kim Jong-Un (Court of Second Instance) (Court of Justice) and Park Jong-dae (Court of Justice)

A. (Korean National Assembly Election)

April 4, 2013

A defendant shall be punished by imprisonment for not less than eight months.

Criminal History Office

On February 8, 2012, the Defendant was sentenced to six months in Busan District Court due to the violation of the Act on the Monitoring, etc. of Specific Offenders, and completed the execution of the sentence in Busan Correctional Institution on June 15, 2012.

On October 27, 2010, the Defendant issued an order to attach an electronic tracking device for three years in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. of Minors under 13 years of age) at the Busan District Court on October 27, 201 and attached a location tracking device from November 6, 201.

A person with an electronic device installed 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. However, the Defendant was unable to conduct normal location tracking by means of not carrying a portable location tracking device while putting the portable location tracking device back back to the exit of the exit of Busan Sho-gu, Busan at around 08:08.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation;

1. A copy of judgment;

1. A report on violation by a person wearing an electronic device;

1. Previous convictions in judgment: Criminal records and investigation reports (before the previous disposition and report on results of confirmation);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 38 and 14(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Judges Cho Jung-man