A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power, etc.] On February 18, 1998, the Defendant was sentenced to one year of imprisonment for a quasi-indecent act by force at the Seoul Eastern District Court on January 24, 2008, and was sentenced to ten months of imprisonment for the same crime at the Seoul Southern District Court on January 24, 2008. On October 22, 2008, the Seoul Southern District Court decided to attach an electronic tracking device for five years at the Suwon District Court on August 13, 2013. On July 14, 2016, the Defendant was sentenced to one year and six months of imprisonment for an injury, etc. at the Suwon District Court on July 14, 2016, and completed the execution of the sentence at the Daegu Prison on November 8, 2017.

【Criminal Facts】

1. A person who has installed an electronic device that causes damage to the utility of an electronic device shall not arbitrarily separate or damage the electronic device from his/her body, interfere with the dissemination thereof, alter data received, or otherwise impair its utility during the period of attachment of the electronic device;

A. On March 21, 2018, the Defendant: (a) lost the aforementioned portable electronic device that he/she was disputing with the aged while drinking in the street near the Suwon Station; (b) went away from the scope of response by means of falling off the body of the Defendant; and (c) made it impossible to track a normal location, thereby impairing the effectiveness of the electronic device.

B. On July 7, 2018, the Defendant was above the Defendant around 03:17.

Although the instant portable electronic device was lost at the place indicated in the port, it was moved to the vicinity of the Seoul Young Military Station without taking any measures, and the said portable electronic device was removed from the scope of response by means of fall off with the electronic device attached to the Defendant’s body and making it impossible to track a normal location.

2. Article 32 (2) of the Act on Probation, Etc. shall apply to a person subject to probation under the Act on Probation, etc. during the period of attachment, for whom an order to attach an electronic device is issued to him/her to whom the person has an electronic device installed, without justifiable grounds;