1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. One cut machine (No. 3) from the accused shall be confiscated;

Punishment of the crime

On August 28, 2017, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. at the District Court of the Republic of Korea on August 28, 2017. On July 5, 2018, the Defendant completed the execution of the sentence at the first school of the North Korean Dos.

On December 19, 2013, the Defendant was sentenced by the Seoul High Court to an attachment order of an electronic tracking device (hereinafter “electronic device”) for four years and three years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on December 19, 2013. On June 27, 2017, the Defendant was subject to attachment order of an electronic device (hereinafter “electronic device”) and was attached with the electronic device upon completion of the execution of the sentence. As such, no person with an electronic device installed shall arbitrarily separate the electronic device from his/her body during the attachment period of the electronic device from his/her body.

Nevertheless, on July 25, 2018, the period for the attachment of an electronic device was around 08:35, the Defendant separated it from the Defendant’s body by using a cutting machine (Evidence No. 3) purchased from an adjacent steel store around that time, and by using a cutting machine (Evidence No. 3) that was purchased from an adjacent steel store.

As a result, the defendant has harmed the utility of the electronic device by arbitrarily separating and damaging the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (in cases of purchasing a cutting machine, related to attaching CCTV image data and raising eligible persons);

1. Requesting a person subject to location tracking to investigate;

1. Cards for observation of protection;

1. A protocol of seizure and a list of seizure;

1. CCTV analysis data, photographs of a place where he/she finds an electronic brut, etc., data on CCTV analysis, photographs of raising eligible persons, and photographs of seized articles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (a court ruling of the same kind as a suspect), internal investigation report (related to attachment results of search by the Ministry of Justice, such as detailed records of a person wearing an electronic device, etc. as a result of search by the prisoner), results of search by the prisoner, text of judgment,

1. As to a specific criminal who is provided for in the corresponding Article of the Act.