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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.
When the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
On January 7, 2015, the Defendant sentenced two years and six months to imprisonment for the crime of bodily injury caused by indecent act by force at the Cheongju District Court, and ten years to an attachment order to an electronic tracking device, and completed the execution of the sentence in the Daejeon Prison on April 28, 2017.
1. On September 28, 2019, the Defendant: (a) received instructions from the Daejeon Branch of Probation Station, M, M and M, who was sent to the site, to have an attachment device attached, without charging an attachment device at K and 2nd floor in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, and the second floor; (b) received instructions from M and N to have an attachment device attached after returning home from N who was dispatched to the site; and (c) received such instructions from M and N to have an attachment device attached. As the face of M is being taken for drinking, the Defendant took two times of drinking.
The Defendant continued to go out of the above singing room and expressed M and N’s desire to “a name, dog, etc.” and continued to go out of the above singing room, and when M, etc. and so on are made one time by left hand.
Accordingly, the defendant interfered with the legitimate execution of the attachment order and probation order of the probation officer.
2. An electronic tracking device that violates the Act on Probation and the Attachment, etc. of Electronic Devices against a specific criminal offender shall not violate any of the matters to be observed by the court, such as at night, restrictions on outing out of a specific time zone, prohibition of access to a specific area or place, prevention of recidivism by a person subject to an order to attach an electronic device, and matters necessary to correct his/her character
On April 28, 2017, the Defendant was subject to the obligation to attach an electronic tracking device to the location from the aforementioned date and time to April 27, 2027 when the execution of a sentence was completed by the Daejeon Prison on April 28, 2017, and to the rules of conduct, such as not drinking more than a certain amount of (0.03%) from the Daejeon District Court around September 6, 2019.
Nevertheless, the defendant, on September 27, 2019, at a restaurant where the trade name in the Seo-gu, Seo-gu, Daejeon is unknown, Seo-gu, Seo-gu.