2018 Highest 1884, 2399 (combined), probation against specific criminal offenders and violation of the Electronic Monitoring, etc. Act, larceny, intimidation, damage to property, and larceny at night.

A

Maximum glass (prosecution), Park Sang-hee (public trial)

Attorneys Jeon-young (Korean), et al.

January 31, 2019

A defendant shall be punished by imprisonment for one year.

Criminal facts

"2018 Highest 1884"

On April 21, 2016, the Defendant was sentenced to imprisonment for two years and six months with labor for the crime of attempted quasi-rape at the Busan High Court. On March 21, 2018, the Defendant completed the execution of the sentence at the port prison on March 21, 2018, and on April 21, 2016, the Defendant was under the attachment of an electronic tracking device for three years by being sentenced to an order to attach an electronic tracking device for the aforementioned crime in the same court.

1. Violation of duty to maintain the utility of electronic device;

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with propagation, alter data received, or otherwise impair its utility.

A. On June 4, 2018, at around 07:20, the Defendant neglected the portable tracking device to “C” located in the Southern-gu Busan Metropolitan City, and left the scene, thereby leaving the scene, and caused a warning of “the escape from the scope of response to the attached device”, the Defendant left the scene without making efforts for restoration of the warning immediately, thereby impairing the utility of the location tracking device for about 1 hour and 9 minutes.

B. On June 5, 2018, around 16:04, the Defendant left the scene by leaving the scene without leaving a portable tracking device to the "Esusb" located in Nam-gu Busan Metropolitan City, and left the scene, and left the scene for about 45 minutes without making efforts to restore the warning immediately, thereby impairing the effectiveness of the location tracking device for about 45 minutes.

C. On June 8, 2018, around 02:33, the Defendant left the scene by leaving the scene without leaving a portable tracking device to the "Eski" located in Nam-gu Busan Metropolitan City D, thereby leaving the scene. However, the Defendant left the scene without making efforts for restoring the warning immediately, thereby impairing the effectiveness of the location tracking device for about 41 minutes.

D. On June 11, 2018, at around 15:31, the Defendant left the scene without leaving a portable tracking device to “G located in the Southern-gu Busan Metropolitan City F, thereby leaving the scene,” but left the scene, and left the scene without making efforts to restore the warning immediately, thereby impairing the utility of the location tracking device for about 34 minutes.

2. Violation of matters to be observed on probation;

No person who has attached an electronic device after obtaining an order to attach an electronic device shall violate the matters to be observed again after receiving a warning under the Act on Probation, etc. without justifiable grounds.

On June 7, 2018, the Defendant received a written warning from the head of the Dong District of Busan Probation Office to the effect that, on June 4, 2018, the Defendant did not possess a portable tracking device for about 07:20 minutes and around 07:20 minutes and violated an obligation to maintain the effectiveness of an electronic device, and that, even if the probation officer was obligated to reside in his/her residence, he/she may receive disadvantageous disposition if he/she violated the obligation to reside in his/her residence, such as leaving the Dong Dong Dong Dong-dong as well as leaving the Dong Dong Dong-dong as the probation officer arranged by the relevant probation officer.

Nevertheless, the defendant did not comply with the direction and supervision of the probation officer, which neglects a portable tracking device, such as the above 1-C and D, and restores a warning.

"2018 Highest 2399"

On April 21, 2016, the Defendant was sentenced to imprisonment with labor for not less than two years and six months at the Busan High Court for the crime of attempted quasi-rape, etc. on March 21, 2018, and completed the execution of the sentence at a port prison on March 21, 2018. On April 21, 2016, the Defendant was sentenced to an order to attach an electronic tracking device for three years in relation to the above crime at the same court on April 23, 2018. On September 14, 2018, the Defendant was subject to an order to take special measures to prohibit drinking, stating that he/she shall not drink more than “the blood alcohol level of not less than 0.1%] from the Busan District Court’s support.”

1. Violation of duty to maintain the utility of electronic device;

A person with an electronic device installed shall not arbitrarily separate the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

A. On July 13, 2018, at around 06:59, the Defendant left the scene by leaving the scene without leaving a portable tracking device on the Southern-gu Busan metropolitan area D, and thereby leaving the scene, the Defendant left the scene without making an effort to restore the warning immediately, thereby impairing the effectiveness of the location tracking device for about one hour and 51 minutes.

B. On August 27, 2018, at around 23:37, the Defendant left the scene by leaving the scene without leaving a portable tracking device to the "J" located in Nam-gu Busan Metropolitan City I, thereby leaving the scene, and leaving the scene without immediately endeavoring to restore the warning, thereby impairing the effectiveness of the location tracking device for about 2:23 minutes and 23 minutes.

C. On October 10, 2018, around 22:16, the Defendant left the scene by leaving the scene without leaving a portable tracking device to the 'J' located in Nam-gu Busan Metropolitan City I, thereby leaving the scene, and leaving the scene without making efforts to restore the warning immediately, thereby impairing the effectiveness of the location tracking device for about 4 hours and 46 minutes.

2. Violation of matters to be observed on probation;

Persons subject to probation shall observe the matters to be observed under the guidance and supervision of probation officers and endeavor to become sound members of society on their own.

A. Nevertheless, on October 7, 2018, the Defendant violated the rules of restriction on drinking, which should not drink more than 0.1% alcohol level of 0.29%, from “J” located in Busan Nam-gu, Busan to “J” to “0% of blood alcohol level of 0.296%”.

B. On October 10, 2018, the Defendant violated the rules of restriction on drinking, which should not drink more than 0.1% of the blood alcohol concentration of Maurius, from “J” located in Nam-gu Busan, Busan to “0.234% of blood alcohol level.”

C. On October 13, 2018, the Defendant violated the rules to restrict drinking, which should not make alcohol more than 0.1% of the blood alcohol concentration of 0.340% from 'C' located in Busan Southern-gu, Busan to 0.340% of alcohol level.

"2018 Highest 2450"

On April 21, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan High Court, and on March 21, 2018, the Defendant completed the execution of the sentence at the port prison on March 21, 2018.

1. Larceny;

On September 13, 2018, the Defendant: around 00:51, around G entrance run by the victim K in Nam-gu, Busan, the Defendant: (a) stolen the two boxes of 6,000 won at the market price set up in order to sell the victim; and (b) stolen the victim.

2. Intimidation;

At around 10:00 on October 13, 2018, the Defendant: (a) conspiredd the police officer, who was under the influence of alcohol in front of “M in Busan Nam-gu L on the way of so-called “M”; (b) led the victim N, who was the owner of the Kim Ged Kim Ged-J, to report to 112; and (c) opened the restaurant entrance at several times, and (d) threatened the victim with the physical injury of the victim.

3. Damage to property;

The Defendant, at the time and place specified in paragraph (2), removed “M” restaurant entrance from several times, and damaged the damaged property in the market by removing the screen door installed in that place, such as tearing and falling off the victim’s N, etc.

4. Night theft;

On October 16, 2018, at around 05:25, the Defendant: (a) opened the entrance door of the above heading room, which was not corrected in Busan Nam-gu P, Busan, and intruded by the room; (b) caused a theft of the amount equivalent to KRW 30,00,00, the market price of the victim Q Q Q owned by the projecter, and KRW 3,000,000, the market price of which is KRW 50,000.

Summary of Evidence

"2018 Highest 1884"

1. Defendant's legal statement;

1. The police statement of the defendant;

1. A written charge, a written command of execution of an attachment order, a written judgment, a written confirmation, a confirmation of notification, a ledger of risk tracking, a comprehensive report on location tracking execution and supervision, results of detailed supervision of location tracking execution, probation card, probation status, and a report on investigation;

1. Previous convictions: Criminal records, investigation reports (verification of suspect's criminal records), current status of confinement, and court rulings "2018 Highest 2399";

1. Defendant's legal statement;

1. The police statement of the defendant;

1. A direction for the execution of an attachment order, a copy of the same military record judgment, a notice of obligations before executing an attachment order, a processing ledger, such as a confirmation of notification of obligations before executing an attachment order, a position tracking warning, a written observation of compliance, a drinking observation result, a comprehensive report on direction of direction of execution of position position, and a criminal investigation report (in filing of decisions

1. Previous convictions in judgment: Criminal records, previous records of disposition, results of confirmation, copies of written judgments, investigation reports (in cases under the Supreme Court Decision concerning suspects and binding of the results of case search and status of confinement);

"2018 Highest 2450"

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. A written statement in K and Q;

1. On-the-spot report (on-site CCTV back CDs and major pages photographs), investigation report, investigation report (on-site CCTV reading content and back-to-door CD attachment), investigation report (on-site CCTV time verification), damaged objects photograph, investigation report (on-site CCTV time verification), investigation report (on-site CCTV oral statement), investigation report (on-site confirmation of the situation at the time of the other party of the victim), and investigation report (Hearing N's statement);

1. Previous records of judgment: Criminal records, etc. and investigation reports (report on the confirmation of suspect-related cases);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 38(1) and 14(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (the violation of the duty to maintain the validity of each electronic device, choice of imprisonment), Article 39(2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Article 32(2) of the Act on Probation, Etc. of Specific Criminal Offenders (the violation of the duty to comply with, and choice of imprisonment), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 330 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

Reasons for sentencing

The crime of this case committed several times and committed the crime of larceny, intimidation, damage to property, and robbery at night, and the nature of the crime is bad. The defendant was sentenced to imprisonment with prison labor in Busan High Court on April 21, 2016, for the attempted quasi-rape, larceny, etc. on March 21, 2018 and committed the crime of this case during the repeated crime period even after the execution of the sentence was completed in the port prison on March 21, 2018; the crime of this case was committed in the course of repeated crime; the crime of sexual assault, etc. of this case was re-socializing through the prevention of recidivism, personality and behavior correction, and protecting the people from specific crimes; in order to secure effectiveness of the Act on the Attachment of Electronic Monitoring, etc. of Specific Criminal Offenders with the aim thereof, there is a need to strictly punish the act of violation; the defendant failed to agree with the victims; and there is no effort to recover damage.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged and did not reach the physical damage to the location tracking device, the defendant appears not to have committed a crime in violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the purpose of escape or the prevention of sexual crimes, the fact that the damage to property crimes is not large, and the fact that the health of the defendant seems not good.

In addition, the defendant's age, character and conduct, the environment, the motive, means and result of each of the crimes of this case, and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, shall be determined as ordered.

[Sentencing Criteria]

- Many Crimes

- Night residence intrusion larceny: thief for general property, fourth category (influoral theft), and the same kind of repeated crime not falling under specific crime Aggravated Punishment, etc.

- Theft: Theft of general property, larceny of category 1 (i.e., thieves, etc.) and repeated crimes of the same kind that do not fall under the aggravation of specific crimes.

- Intimidations: Violence Crime Group, Intimidation Crime, Type 1 (General Intimidation), etc.

- Property damage: Property damage group, general criteria, type 1 (property damage, etc.);

- The remaining crimes: The sentencing criteria are not set.

Judges Seo Sung-ho