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A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding one million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal history] On November 8, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. at the Changwon District Court’s branch on April 11, 2017. On May 25, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny at the Daejeon District Court’s official branch on May 25, 2018, and the said judgment became final and conclusive on June 2, 2018.
[Reference Facts] On July 4, 2008, the Defendant was sentenced to two years of imprisonment by the Changwon District Court due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. of Minors under the age of 13). On August 14, 2013, the Defendant was issued an order to attach an electronic tracking device for five years at the Changwon District Court to attach an electronic tracking device for five years, and Hobbes shall be subject to 80 hours of sexual assault treatment program and one week.
Those who are not drinking alcoholic beverages of more than a week are imposed as a matter of duty.
[Criminal facts]
1. A person who violates his/her duty to maintain the utility of an electronic device (hereinafter referred to as "person subject to attachment") shall not arbitrarily separate, damage, interfere with the use of, alter data received from his/her body, or otherwise impair the utility of, the electronic device during the period of attachment of the electronic device;
A. Nevertheless, the Defendant, without possessing a portable tracking device from February 7, 2018 to 18:32, 2018, went out from the Defendant’s residence located in the Defendant’s residence located in B in B in the official city B in the official city and thereby making it impossible to identify the Defendant’s location for at least two to six minutes;
B. From February 9, 2018 to February 05:46, 2018, without possessing a portable tracking device, to 06:39, the utility of the electronic device is impaired by such a way as to make it impossible to identify the location of the Defendant for up to 53 minutes by leaving the said place of residence without possessing a portable tracking device;
C. On February 10, 2018, from around 05:36 to 06:05, the electronic device utility was maintained in such a way as to make it impossible to identify the location of the Defendant for up to 25 minutes without possessing a portable tracking device.
2.