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

Punishment of the crime

[criminal record] On May 16, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deceptions for persons with disabilities) at the Incheon District Court, and was sentenced to an order to attach an electronic tracking device for five years after the completion of the execution of the sentence. On January 28, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc. at the Incheon District Court.

6.1. At the Incheon detention center, the enforcement of the sentence was terminated.

[Criminal facts]

1. A person subject to attachment of an electronic tracking device shall not arbitrarily separate or damage an electronic device from his/her body during the period of attachment, interfere with the dissemination of such device, alter the receiver or impair the utility of such device by any other means;

Nevertheless, around 00:43 on April 30, 2017, the Defendant notified that the Defendant’s portable location tracking device was low-power from the protection observation officer around the Guro-gu Seoul Metropolitan apartment commercial building, and even though the protection observation officer had connected the auxiliary distribution unit, the Defendant, at around 06:09 on the same day, destroyed the utility of the portable location tracking device by exposing the portable location tracking device near the Incheon Gyeyang-gu Incheon Gyeyang High School and making it impossible to track the location for 17 hours and 35 minutes in total.

2. A person who fails to comply with the instructions of the protection observation officer shall not, without justifiable grounds, again violate the matters to be observed under Article 38 (2) or (3) of the Act on the Protection, Observation, etc. without justifiable grounds after receiving warning under Article 38 of the same Act by failing to comply with the matters to be observed under Article 32 (2) or (3) of the same Act;

Nevertheless, due to the fact that the Defendant did not reside in his/her residence on October 31, 2016, the fact that he/she did not engage in his/her occupation, and the fact that he/she associates with those who are likely to commit a crime, the Defendant is under the name of the protection observation officer belonging to the Incheon Protection Office.