A defendant shall be punished by imprisonment for one year.

One cuter (No. 1) seized shall be confiscated.

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to four years of imprisonment and three years of imprisonment with prison labor for violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), etc. at the Seoul High Court, and completed the execution of imprisonment with prison labor on June 27, 2017.

No person with an electronic device attached shall impair its utility by arbitrarily separating or damaging the electronic device from his/her body during the period of attachment of the electronic device.

Nevertheless, the Defendant separated the electronic device from the Defendant’s body by using a cutting machine (the total length of 36 cm) (No. 1) purchased from neighboring commercial buildings in the Guro-si around July 4, 2017, when the electronic device is installed, from the Defendant’s body by using a cutting machine (the total length of 36 cm) (No. 1) purchased from neighboring commercial buildings at around that time.

Accordingly, the defendant has harmed the utility of the electronic device by arbitrarily separating and damaging the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in a copy of the request for investigation, electronic device damaged by the suspect's attachment, and photographs at the scene of removal of cutting machines, photographic data secured from each CCTV image, photographic data secured from each CCTV, records of seizure, and list of seizures as well as images;

1. Previous convictions: Application of respective Acts and subordinate statutes to the accused, such as the first instance judgment, second instance judgment, and inquiry of inquiry about criminal history, second instance protocol of interrogation of the suspect, and current status of personal confinement, to the prosecution;

1. Article 38 and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices against the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. On December 19, 2013, the Defendant for reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) was sentenced to four years of imprisonment and three years of an order to attach an electronic tracking device on the location of a female juvenile on account of an indecent act committed by a female juvenile; and (b) was taken back on June 27, 2017.