A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to two years and six months of imprisonment for attempted rape in Seoul Southern District Court, and on May 21, 2014, the Defendant completed the enforcement of the sentence and attached a location tracking device.

1. The Defendant violated the Act on Probation and the Electronic Monitoring, etc. of Specific Crime Offenders, in order to maintain the function of the location tracking device normally, charged with the following crimes even if he/she did not violate the matters to be observed by the director of the probation office without justifiable grounds after he/she received a warning of the director of the probation office, in violation of the matters to be observed by the director of the probation office, for the purpose of maintaining the function of the location tracking device; if location tracking device does not work normally, he/she shall inform the probation officer of such fact without delay; and if location tracking device does not work normally, he/she shall comply with the probation officer’s justifiable instructions to maintain the function of the location tracking device; and if location tracking device does not arbitrarily separate or damage the location tracking device from his/her body during the period of attaching the electronic tracking device

On August 3, 2014, from around 03:10 to 03:44, the Defendant, without possessing a portable tracking device at the time of the Defendant, went out, thereby impairing the utility of the electronic device for 34 minutes in a way that prevents the Defendant from confirming the location of the Defendant for 34 minutes by going out without possessing a portable tracking device at the time of the Defendant’s domicile, and also, from around May 24, 2015 to around 10 times, the Defendant carried the device without carrying a portable tracking device as indicated in the annexed crime list 1, or prevented the Defendant from confirming the location of the device by taking out the portable tracking device.

B. On July 1, 2014, the Defendant received instructions from D, a probation officer of the Seoul Southern Probation Office, to appear.