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

Punishment of the crime

[criminal power] On February 9, 201, the Defendant was sentenced to four years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against Disabled Persons) in the support of the Gwangju District Court in Gwangju District Court on February 9, 201 and completed the execution of the sentence in the Southern Prison on October 7, 2014.

【Criminal Facts】

On February 9, 2011, the Defendant was issued an order to attach five years (from October 7, 2014 to October 6, 2019) to an electronic device attachment order for location tracking device for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. against Disabled Persons) in the Gwangju District Court's branch support, and according to the above decision, the Defendant is currently under execution of an electronic device attachment order.

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

Nevertheless, on August 4, 2015, from around 09:41 to 10:58 of the same day, the Defendant did not charge a portable tracking device in the vicinity of the former Navy C, thereby allowing the Defendant to take off all of the electronic tracking devices and thereby preventing the Defendant from confirming the location of the device.

Summary of Evidence

1. Defendant's legal statement;

1. A processing ledger, such as a probation card, location tracking risk warning, and a report on a violation by probation office;

1. Previous records of judgment: Application of criminal records, reply reports, court rulings (2010Gohap39) 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 have the option to commit the crime;

1. In light of the fact that the Defendant committed the instant crime during the period of repeated crime under Article 35 of the Criminal Act, and the purpose of attaching an electronic device to the Defendant, etc., the Defendant who undermined the utility of the electronic device cannot be punished somewhat.

However, it is advantageous to the fact that the defendant has divided and reflected the crime, etc.