A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal records] On August 27, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Gwangju District Court's interest support, and completed the execution of the sentence on January 7, 2016.

[2] On June 25, 2014, the Defendant was sentenced by the Gwangju High Court to order the attachment of a location tracking electronic device (hereinafter “electronic device”) under the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter “electronic device”) for five years, and such decision became final and conclusive on September 19, 2014, and is subject to attachment of an electronic device from November 14, 2014.

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 April 22, 2016, from around 13:00 to around 21:40 on the same day, the Defendant, by not filling the portable tracking device for about 8 hours and 40 minutes in the mountain and water market in Gwangju Dong-gu, Gwangju, thereby leaving the scope of the response of the electronic device, thereby impairing the utility of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Vindication materials and investigation report (the identification, etc. of the location of the suspect who has damaged electronic sludge);

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of a uniform history);

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. The crime of this case on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is to protect citizens from specific crimes by taking additional measures to have specific criminal offenders attach an electronic tracking device to body after the period of punishment has been completed to prevent recidivism.