Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal record] On July 9, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) at the Daejeon High Court, for three years, six months and five years, and the attachment order of an electronic tracking device was completed on July 29, 201.
【Criminal Facts】
A person with an electronic device installed shall not arbitrarily separate, damage, interfere with or alter the electronic device from his/her body during the period of attachment of the electronic device, or impair its utility by any other means.
1. Around 11:00 on July 31, 2013, the Defendant: (a) obstructed the utility of the electronic device in a way that the Defendant did not charge the location tracking device at the eel near the D resting area located in Geumsan-gun, Chungcheongnam-gun; and (b) caused the use of the electronic device to be entirely disposed of.
2. On May 18, 2015, around 16:50 on May 18, 2015, the Defendant: (a) laid down an electronic tracking device attached to the Defendant’s left cover of the G in the Dong-gu Daejeon-gu, Daejeon using the left cover of the shoulder; and (b) discarded the location tracking device damaged under the vehicle parked in the vicinity of the vehicle, and harming the utility of the electronic device by means of escape.
3. On May 21, 2015, around 11:03, the Defendant: (a) installed a location tracking device attached to the Defendant’s left part by using the front part of the body of the Defendant within the toilets of 88 Ulsan-gun, Ulsan-gun, Ulsan-do; and (b) maintained the utility of the electronic device by means of escape, with an electronic tracking device damaged in the toilet.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Investigation report (the details of the first discovery of the electronic device), investigation report (related to CCTV images entered into the Ariyangx Station of a suspect), and request for investigation (the Daejeon Probation Office);
1. The relocation routes of suspects A by time zone;
1. Suspect, escape photograph and on-site photograph;
1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (Attachment of investigation records), and Acts and subordinate statutes to criminal records, investigation reports (report attached to judgment);
1. Relevant Articles of the Criminal Act and the selection of punishment, respectively;