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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On January 15, 2014, the Defendant was ordered to attach an electronic tracking device for five years at the inner branch of the Chuncheon District Court, along with which the Defendant was subject to an order to “(00:00 to 06:00 each day’s outing restrictions, prohibition of access to children’s play facilities, and completion of sexual assault treatment program 80 hours each day,” and is subject to an order to attach an electronic device from February 3, 2014 to February 2, 2019.
1. A person who has an electronic device attached (hereinafter referred to as "person subject to attachment") in violation of the Act on Probation and the Attachment, etc. of Electronic Devices against a specific criminal offender (a violation of duty to maintain the validity of an electronic device) 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 dissemination, alter data received, or otherwise impair its utility;
A. A. On May 22, 2014, the Defendant did not perform the duty of charging for a portable tracking device even when he/she was asked to charge the portable tracking device from the probation officer while drinking alcohol at an unreshed area after the death of the Jinjin-gun, the Defendant caused the low power and signal of the portable tracking device from around 14:47 on May 22, 2014 to 15:30 on May 22, 2014, thereby harming its effectiveness by causing a warning of a deviation from the scope of attachment response.
B. On January 12, 2015, the Defendant left his residence from around 15:43 to 16:28 of the same day, and did not possess a portable tracking device, thereby causing a escape warning from the scope of attachment response to the Defendant’s utility.
2. A person subject to attachment shall not violate any provision of the Act on Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders (the violation of an order of restriction on outing) concerning restrictions on outing a specific time, such as night imposed by the court at the time of issuing an attachment order, without justifiable grounds;
A. Nevertheless, on March 2, 2014, the Defendant violated an order of restriction on outing from around 05:30 to 06:00 on the same day to leave the place of residence without obtaining prior permission.
B. The Defendant from around 00:00 on July 10, 2014 to the same effect.