A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Attachment of Obligations to Defendant] On July 3, 2013, the Defendant was sentenced to the Daejeon District Court’s Gohap 2013, 105, 2013, and 10 (Joint) judgment, which ordered the attachment of an electronic tracking device for three years and ten years, due to rape injury, etc. In the above judgment, the Defendant was also subject to the obligation to comply with the said judgment, stating that “The Defendant would not have access to the victim by any means, including directly or by telephone during the period of attaching an electronic tracking device.”

From June 29, 2016, the Defendant, who completed the execution of imprisonment, was notified of the above matters to be observed by attaching a location tracking device in accordance with the above judgment.

[Criminal facts] A person subject to attachment of an electronic tracking device shall not violate the rules imposed by the court without justifiable grounds.

Nevertheless, on July 2, 2016, the Defendant entered the main points of “C” located in the Northern-gu, Seoan-gu, Seocheon-gu, Seoul, within a 100-meter radius from the victim’s workplace, which is a zone where access was prohibited on July 2, 2016, and became accessible to the victim who was working at the workplace at that time.

The defendant violated the rules of practice imposed by the court because he/she did not leave the area without justifiable grounds even though he/she was notified of the removal from the area subject to prohibition of access by the branch of the Daejeon Security Office D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written judgment, a status of execution, a notice of obligations before execution of an attachment order, a written guide for execution of an attachment order, and a report;

1. Status of protection observation, and application of Acts and subordinate statutes on violation of prohibition of access;

1. Article 39 (1) and Article 9-2 (1) 3 of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices against the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant's access to the victim as stated in the facts constituting a crime.