2012 Highest 1798 - With respect to the attachment, etc. of an electronic tracking device for specific offenders

Violation of law

Me. Me. Me. Me. Me. Me. Me. Me. Me. Me.

Residence

Reference domicile

MaximumO (prosecutions) and KO (Public Trial)

Article 000 (Court-Appointed Ship)

August 24, 2012

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

Criminal facts

On June 23, 2006, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes, Protection, etc. of Victims (Rape, etc.) at the District Court of the Republic of Korea on April 13, 201, and then to the North Korean Branch I prison on April 13, 201.

The execution of the sentence was completed.

On January 12, 2011, the Defendant received an order to attach an electronic tracking device for two years at the Sung-gu District Court's Sung branch branch, and attached a location tracking device on April 13, 201.

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility. However, the Defendant separated and damaged the electronic device by cutting the device on the street above 453-22 on July 22, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Probation cards;

1. A copy of the judgment;

1. Status of probation;

1. Previous records: Criminal records and other inquiry reports and investigation reports (the confirmation of the date of release, etc.);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 38 and 14(1) of the Act on the Electronic Monitoring, etc. of Specific Offenders;

Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Grounds for sentencing

Since the electronic device is arbitrarily damaged and its responsibility is not less severe, it is sentenced to punishment during the period of repeated crime, and the circumstances of the crime should be taken into consideration.

Judges 000