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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 26, 2012, the Defendant was sentenced to an order to attach an electronic tracking device for six years and eight years at his/her own district court on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13), and the judgment on December 10, 2012 became final and conclusive and conclusive on September 27, 2018, and completed the execution of the imprisonment with labor in a third prison of the Ganbukbuan District, the Defendant shall attach a location tracking device from September 27, 2018 to September 26, 2026, and shall not arbitrarily separate and damage the location tracking device from his/her body, interfere with radio waves, alter data received, or otherwise undermine its utility.
On February 5, 2019, at around 19:45, the Defendant neglected the portable electronic device at the “C Center” located in Jung-gu Seoul, Jung-gu, Seoul, and had the electronic device disposed of for 184 minutes until 22:49, thereby impairing the utility of the location tracking device.
Summary of Evidence
1. Defendant's legal statement;
1. Register related to the electronic tracking system of the suspect;
1. Previous records of judgment: Criminal records, inquiry reports, the application of criminal records, and Acts and subordinate statutes on criminal records;
1. Article 38 (1) and Article 14 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are subject to the applicable law and the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act - The reason for sentencing among repeated offenders - the probation officer’s warning prior to the commission of the crime was not faithfully complied with the guidance, and the name of the above crime has not been complied with five months since the expiration of the term of punishment. The fact that the summary order was requested for another crime at the time of the crime was recognized, and is against the law