2018 High Court Decision 1071 For Probation and Electronic Monitoring, etc. of Specific Offenders

Violation of Korean law

A

Senior Superintendent General, and Foreign Legal Resources (Public Trial)

January 31, 2019

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On November 6, 2009, the Defendant was sentenced to an order to attach an electronic tracking device for seven years and three years from July 6, 2016 by the Seoul High Court to a location tracking device for committing a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and is under the attachment of an electronic tracking device. The Defendant is obliged to comply with an order to perform the order in good faith upon being subject to special compliance, such as “the Defendant shall not drink at least 0.05% of blood alcohol during the period of the attachment of the electronic tracking device,” “the Defendant shall not drink at least 0.05% of blood alcohol during the period of the attachment

1. The violation of the duty of attachment;

A person with an electronic device installed shall not arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device during the period of attachment of the electronic device.

A. On February 19, 2017, at around 17:46, the Defendant laid down a portable tracking device at the Defendant’s residence located in Ulsan-gu B&C, Ulsan-gu, and went away from the place and did not carry it for about 37 minutes, thereby impairing the utility of the location tracking device.

B. On September 11, 2018, at around 20:05, the Defendant laid down a portable tracking device at the above Defendant’s residence, leaving his/her place, resulting in approximately one hour and 56 minutes of a portable tracking device’s missing warning, and complied with the probation officer’s lawful instructions to confirm the device, thereby impairing the utility of the location tracking device.

2. Violation of the rules;

A. On October 30, 2016, the Defendant: (a) discovered a state of drinking alcohol in a state of drinking alcohol concentration of 0.084% in a non-fluorous area below Ulsan (hereinafter referred to as “Ulsan”); and (b) violated the said special rules.

B. On August 26, 2018, the Defendant was found to drink alcohol in a state of drinking alcohol concentration of 0.129% at a remote area below Ulsan (hereinafter referred to as “Ulsan”) and violated the above special matters to be observed.

C. On September 11, 2018, at around 22:01, the Defendant refused to take a drinking test and violated the aforementioned special requirements by taking a lawful drinking measurement order by a probation officer called out to a signal missing warning, such as paragraph 1-B of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for investigation;

1. The criminal place;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 38, 14(1)(a) of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Articles 39(3) and 9-2(1)5(a) of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, and the choice of each fine

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Song-young