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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On April 15, 2010, the Defendant was sentenced to six months of imprisonment for indecent act by force, etc. in the Gwangju District Court’s net support on November 23, 2010, and the said judgment became final and conclusive on November 9, 2013, and completed the execution of the said punishment in a port prison on November 9, 2013. On April 30, 2013, the Defendant was under probation, upon being sentenced to an order to attach an electronic tracking device for seven years at the port branch of the Daegu District Court’s Branch on April 30, 2013.
【Criminal Facts】
A person who has attached 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 propagation, alter data received, or otherwise interfere with the direction and supervision of the probation officer, but the defendant committed the following crimes.
1. From November 26, 2013 to November 23:15, 2013, the Defendant, a portable tracking device, i.e., a location tracking device, was posted to the Defendant’s cell phone, and the probation officer did not charge the Defendant’s cell phone, and did not charge the portable tracking device, thereby undermining its utility by neglecting approximately 51 minutes of the portable tracking device from around 00:03 to 00:54, Nov. 27, 2013 from around 00:03 to around 00:54.
In addition, from November 27, 2013 to April 17, 2014, the Defendant did not charge the portable tracking device at least nine times, such as the list of crimes in the attached Table, and caused the use of the tracking device by neglecting it.
2. Deserting a portable tracking device from the scope of response;
A. On March 24, 2014, the Defendant: (a) around 04:23, around 04:23, 2014, issued the Defendant’s instructions to possess a portable device from the probation officer and and the head of the watch house; (b) stated, “I am in her speech with the president of the watch house; and (c) I am in her possession until 04:55 on the same day.”