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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On May 1, 2003, the Defendant was sentenced to five years in the Seoul Central District Court to imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, and completed the execution of the sentence on February 29, 2008, and on September 12, 2013, the Defendant was under attachment of a location tracking device by being sentenced to five years in the Seoul Western District Court to attach an electronic tracking device.

At around 02:00 on April 12, 2015, the Defendant cut off the location tracking device attached to the left side of the Defendant’s house in Gangnam-gu Seoul, Seoul, using penta and saw saws.

Accordingly, the Defendant arbitrarily separated and damaged the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to a processing register, including a written direction for execution of an attachment order, a written decision on an attachment order, a probation card, a comprehensive report on location tracking, and a location tracking risk warning;

1. Article 38 of the Act on 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, the choice of imprisonment;

1. An order to attach an electronic device to a defendant for the reasons of sentencing under Article 62(1) of the Criminal Act, is issued to prevent recidivism, facilitate the Defendant’s sound rehabilitation into society, and protect the people from sexual crimes, as it is deemed that the risk of recidivism and the recidivism of sexual crimes is high, and thus, the crime of cutting off and damaging the order is not weak.

However, the accused has been led to the confession and the mistake has been divided.

On the day of damage, the Defendant was arrested as “emult damage warning sound” and there was no additional crime.

The defendant has been tried in the state of attaching the present electronic device, and the probation officer's instructions are followed.

Other conditions of sentencing, such as the age, criminal record, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.