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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 26, 2011, the Defendant rendered a judgment ordering the attachment of an electronic tracking device for one year and six months and three years of imprisonment by indecent act, etc. at the Busan High Court, which completed the execution of the sentence on July 14, 2012.
In addition, on March 27, 2013, the Defendant was sentenced to a fine of KRW 5 million on the charge of violating the Act on the Electronic Monitoring, etc. of Specific Offenders in Busan District Court's Dong Branch, and was detained in the workhouse due to the failure to pay the fine. On February 20, 2014, the Defendant attached a location tracking device at the same time with the execution of the sentence.
No person who has an electronic tracking device installed with a location tracking device shall arbitrarily separate or damage the location tracking device from his/her body during the period of attachment, interfere with propagation, alter data received, or otherwise impair its utility.
Nevertheless, on February 21, 2014, at around 07:54, the Defendant did not charge the Defendant’s residence in Nam-gu, Busan, under the direction of charging the location tracking device attached to the Defendant by the Daejeon Control Center of the Ministry of Justice, and did not charge the Defendant for five minutes from around 08:27 to 13:30 on the same day, thereby impairing the utility of the location tracking device by means of nullifying the signal of the said electronic device for five minutes.
Summary of Evidence
1. Defendant's legal statement;
1. Each judgment;
1. Probation;
1. Previouss before and after judgments: Application of criminal records, references to criminal records, written judgments, investigation reports (precluding and reporting on repeated crimes of the accused) and other Acts and subordinate statutes;
1. Article 38 and Article 14 (1) of the Act on 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. Article 35 of the Criminal Act among repeated crimes (i.e., indecent acts by compulsion);