A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

On July 22, 2009, the Defendant was sentenced to three years of imprisonment and medical treatment and custody by committing murder, attempted murder, etc. at the Changwon District Court, and on February 4, 2013, the provisional termination of medical treatment and custody was made. On February 4, 2013, the Defendant is a person subject to the imposition of an electronic tracking device (hereinafter “electronic device”) and an electronic device attachment order and probation for three years after the provisional termination date.

1. 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 its propagation, alter data received, or otherwise impair its utility;

Nevertheless, at around 21:00 on August 2, 2015, the Defendant removed metal free of charge from the Defendant’s body by using the date drones (the end portion of the rap) at the Defendant’s dwelling located in Seongbuk-gu, Sungwon-si C and 310 dong 804, and then removed and damaged metal free of charge from the Defendant’s body.

2. No person who has an electronic device attached shall again violate any matter to be observed by a person on probation without justifiable grounds after receiving a warning, in violation of any matter to be observed by the person on probation.

Nevertheless, on June 23, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving) on June 27, 2015, and received a warning from the head of the Changwon Probation Office on July 2, 2015, in violation of the matters to be observed without justifiable grounds, and then arbitrarily separate and damaged the electronic device and left Vietnam on August 3, 2015 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written decision;

1. Probation cards;

1. Comprehensive report on location tracking, execution and supervision;

1. Answer to a request for verification on departure;

1. A warning;

1. Transmission of the results of technical analysis of electronic devices;

1. Each photograph;

1. Criminal records;