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

Punishment of the crime

[criminal power] On May 3, 2012, the Defendant is a person who was sentenced by the Gwangju High Court to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and completed the execution of the sentence in a wooden prison on March 20, 2015.

【Criminal Facts】

On May 3, 2013, the Defendant was sentenced by the Gwangju High Court for three years and six months of imprisonment for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and twenty years of imprisonment for the attachment order to a location tracking device, and the sentence becomes final and conclusive, and is currently under execution of an attachment order to an electronic tracking device.

A person with an electronic device installed shall not arbitrarily 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.

Nevertheless, from April 2, 2015 to 11:06, the Defendant violated the obligation to maintain the utility of electronic devices by not carrying a portable tracking device while leaving his/her residence in Jindo-gun B for about 42 minutes, thereby failing to carry a portable tracking device, and thereby failing to grasp his/her location, and also violated the obligation to maintain the utility of electronic devices at least six times during the period from the above date to August 31, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A comprehensive report on the violation of the duty to maintain the utility of electronic devices and location tracking supervision;

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of confinement records of a suspect), and application of the judgment-related Acts and subordinate statutes;

1. Article 38 and Article 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, who are applicable to the relevant criminal facts and to the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant has committed each of the crimes in this case during the period of repeated crimes.