Act on the Attachment, etc. of Electronic Devices for Specific Offenders 2013 high group 14

violation of applicable rate

O00

Residential Sejong City

Reference domicile Chungcheongnam-Nam-gun

All-rounds (prosecutions) and the fixed number of trials

Attorney Gim-Hy (Korean)

February 5, 2013

A defendant shall be punished by imprisonment for one year.

Criminal History Office

On July 12, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Electronic Monitoring, etc. of Specific Offenders at the Daejeon District Court on July 12, 2012, and completed the execution of the sentence in the Daejeon Prison on November 30, 2012.

On November 10, 2010, the Defendant was sentenced to imprisonment for one year and six months and five years of attachment of an electronic tracking device for committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Daejeon District Court’s astronomical Support on November 10, 2010, and on March 2, 2012, attached a location tracking device after reporting attachment order.

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

On December 29, 2012, around 18:23, 2012, the Defendant laid off the ○○○-dong, ○○○-dong,***-* the studio of a commercial building in the second floor toilet in the above electronic device with the string of the studio, and removed the locking device by cutting it out.

Accordingly, the Defendant arbitrarily separated the electronic device during the period of electronic device attachment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning the dedicated deposit;

1. Copy of the execution direction of the attachment order;

1. Reporting the occurrence of the damage to electronic devices;

1. Previous convictions in judgment: Criminal records and investigation reports (attached to written judgments);

Application of Statutes

1. Article applicable to criminal facts;

Articles 38 and 14(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

The Defendant was sentenced to a punishment of KRW 3,00,000 on October 11, 2012, on the ground that he/she did not carry a portable location tracking device on March 12, 2012 and was removed from a location tracking device on May 12, 2012, and was sentenced to six months of imprisonment, such as the first head of the judgment on July 12, 2012.

Nevertheless, the Defendant again committed the instant crime by removing the location tracking device from his body, and it is highly probable that the Defendant would block the same crime in the future. In order to ensure the effectiveness of the location tracking device to prevent the Defendant from committing sexual assault, it is necessary to strictly punish the Defendant.

In addition, the sentencing conditions, such as the age, character and conduct, the environment, etc. of the defendant, shall be determined in the same manner as the main sentence.

Private stone: