Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 25, 2010, the Defendant was sentenced by the Seoul High Court to two years of imprisonment with labor for violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor, rape, etc. under the age of 13) and six years of imprisonment with labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and completed the execution of the sentence on November 24, 201, and was under execution of the attachment order for a location tracking device from November 24, 201 to November 23, 2017.

No person who has an electronic device attached by an order to attach an electronic tracking device issued by the court pursuant to Acts shall impair the utility of the electronic device by arbitrarily damaging it during the period of attachment of the electronic device.

Nevertheless, at around 22:10 on May 27, 2015, the Defendant thought that all of the causes during the process of drinking alcohol at the Defendant’s house, Gangseo-gu Seoul Metropolitan Government B 101, the Defendant was due to the electronic device, and damaged the portable tracking device several times, which was kept in the house, making it impossible to track the Defendant’s location for about one hour and twenty minutes until 23:30 on the same day.

Accordingly, the defendant arbitrarily damaged the electronic device during the period of attachment of the electronic device and has harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to judgment, a copy of the direction to execute an attachment order, a damaged portable device photograph, a written oath, a written confirmation of obligation before the execution of a non-inspection order, a written confirmation of receipt of an electronic device, a probation card, a criminal investigation report (verification of the completion of the execution of a sentence),

1. Article 38 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Articles 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option of punishment.

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the criminal liability is not easy in that the defendant intentionally destroys the electronic device and intentionally damages its utility even though he/she has promised to faithfully implement the matters to be observed as a person subject to attachment of the electronic device.

However, the Defendant committed the instant crime.