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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 29, 2010, the Defendant, at the Seoul Eastern District Court, sentenced the Defendant to imprisonment with prison labor for the crime of indecent act by force against minors, and completed the execution of the sentence on April 5, 2012.
1. On April 5, 2012, the Defendant violated the Act on Probation and the Attachment, etc. of Electronic Devices against specific criminal offenders, sentenced to a judgment ordering the attachment of an electronic tracking device for one year and six months of imprisonment due to a minor’s deemed indecent act by force, and attached an electronic tracking device at the same time as the execution of the sentence was completed.
In order to maintain the utility of location tracking devices, including portable tracking devices, the Defendant has charged, carried, and managed them to maintain their function normally, followed the probation officer’s legitimate instructions to maintain their function, and committed the following crimes even if the Defendant did not arbitrarily separate or damage them, interfere with propagation, alter data received, or otherwise impair their utility during the period of attachment of location tracking devices.
On July 29, 2012, around 05:54, the Defendant did not charge a portable tracking device despite having been in low-power condition, and thus, the Defendant got off the device for about 4 hours and 19 minutes from around 06:26 to around 10:45 on the same day, thereby undermining its utility.
B. On August 30, 2012, the Defendant did not charge a portable tracking device despite the fact that the portable tracking device was in low-power condition, and thus, caused the Defendant to have the device discharged for about 6 hours and 13 minutes from around 02:08 to 08:21 on the same day, thereby undermining its utility.
C. On November 6, 2012, the Defendant did not carry a portable tracking device at around 20:48, and caused the Defendant to deviate from the scope of responding to the attachment device for about 14 minutes from around that time to around 21:02 on the same day.
On December 10, 2012, the Defendant had a portable tracking device around 08:45.