A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On May 8, 2014, the Defendant was sentenced to five years of imprisonment with prison labor and twenty years of imprisonment with prison labor for murder by the Daegu High Court, and completed the execution of the sentence in a permanent prison on September 26, 2018, and was under execution of an order to attach an electronic tracking device from around that time until September 25, 2038.

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

On October 16, 2018, around 20:58, the Defendant cut off an electronic device attached to one’s left part of the day (20cm in length) on the ground that he did not lend money to his own dwelling in Nam-gu, Daegu-gu, Daegu-gu, and on the ground that he did not grant money to his her son, the Defendant used the upper part (20cm in length) and cut off the device attached to his left part

As a result, the Defendant arbitrarily separated and damaged the electronic device from his body during the period of attachment of the electronic device, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a request for investigation, a copy of the direction for execution of an attachment order, a copy of the judgment, a copy of the protection observation card, and a copy of records of the protection observation;

1. On-site photographs and damaged photographs of electronic devices;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (verification of the history of murder) an investigation;

1. Article 38 (1) and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices, Articles 38 (1) and 14 (1) of the same Act concerning criminal facts, the choice of imprisonment;

1. In order to observe the protection and observation to prevent recidivism of the reason for sentencing Article 35 of the Criminal Act, and to secure effectiveness of the order to attach an electronic device, strict punishment is required for the crime that cut off the electronic device as in the instant case, and the Defendant committed the instant crime during the period of repeated crime that has not yet been released, it is inevitable to strictly punish the Defendant.

On the other hand, the defendant.