A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

On November 14, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape against the disabled) at the Busan High Court on November 14, 2012, and the said judgment became final and conclusive on February 14, 2013 and conclusive on February 7, 2015, and is under the supervision of a protective observation station by attaching a location tracking device from the same day.

1. A person who has an electronic device attached to a person subject to attachment shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, interfere with the dissemination thereof, alter data received, or otherwise impair its utility;

Nevertheless, on July 18, 2015, from around 09:57 to around 10:34 of the same day, the Defendant released from the Defendant’s residence in Ulsandong-gu B apartment without carrying a portable location tracking device and thereby impairing the utility of the electronic device from around April 11, 2017, without carrying a portable location tracking device, and went out without carrying a portable tracking device for six occasions, thereby impairing the utility of the electronic device.

2. On November 14, 2012, the Defendant, who violated the rules to be observed, was sentenced to three years of imprisonment by the Busan High Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape to persons with disabilities), etc., and was subject to the imposition of the rules, such as “from 000:00 each day during the period of attaching an electronic tracking device to 06:00, not going out of the place of residence,” and whose outing during a specific time period is restricted.

Nevertheless, at around 00:14 on February 11, 2015, the Defendant returned home from around 00:00 to around 14 minutes from the place indicated in the facts charged, and returned home from around 00:0 on the wind, which was known to ordinary people, and violated the code of conduct throughout about 14 minutes from that time until July 30, 2016.