2010 Highest 5082 pertaining to the attachment, etc. of an electronic tracking device for specific offenders

Violation of law

Park A (84 years old, South)

Edive interest

Attorney Seo-ho (Korean Civil Code)

November 30, 2010

A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

On November 9, 2007, the Defendant was sentenced to three years of imprisonment for rape by the Busan District Court, and completed the execution of the sentence on August 5, 2010.

On August 13, 2010, the Defendant was ordered to attach an electronic tracking device (one-time electronic tracking device) for 7 years pursuant to the Act on the Electronic Monitoring, etc. of Specific Offenders, and one-time electronic tracking device (one-time electronic tracking device attached to the body of the electronic device, and one-time tracking device to confirm the location of the electronic device by using mobile communication network) in the Sung-gu District Court's sexual support on August 13, 201, and was equipped with an electronic tracking device from October 4, 2010. On October 20:25, 2010, the Defendant was preparing for the electronic tracking device at his/her own discretion after being equipped with a location tracking device at his/her own discretion, for the reason that he/she did not want to attach an electronic tracking device to a female-friendly device while holding new female-friendly equipment at the beginning of Busan District Court's Busan District Court's 3rd column.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the police of the dispatchingC;

1. Text of decision;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Criminal records, written rulings and investigation reports (attached to a written judgment);

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.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act provides that the defendant's crime of this case with the reason of sentencing shall be committed twice every time and the court shall be recognized as having committed a sexual crime and the habition.

In light of the motive of the crime and circumstances leading to the crime, etc., if the defendant, who was ordered to attach an electronic tracking device for seven years from the date of the attachment of the electronic tracking device, intentionally separate and damaged the electronic tracking device in a fire and a week, thereby making it impossible to track the criminal records by intentionally separating and damaging it, the crime’s quality is not somewhat weak. Furthermore, in order to ensure effectiveness of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders for the purpose of protecting citizens from specific crimes by taking an additional measure to track his criminal records and attach an electronic tracking device to his/her body for re-socialization through the prevention of recidivism and the character and behavior correction. In addition, in order to secure the effectiveness of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders by intentionally separating and damaging the location tracking device in order to make it impossible to track the location as in the instant case, a strict liability may not be imposed on the act that intentionally damages the location tracking device as seen in the instant trial. In addition, taking into account all the circumstances constituting the conditions for sentencing as indicated in the instant trial.

Judge Freeboard