Text
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal record] The Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof in the Cheongju District Court’s Assistance on August 10, 2007, and was ordered to attach an electronic tracking device in the Daegu District Court’s Port Branch on December 22, 2014. On March 5, 2015, the Defendant was ordered to attach an electronic tracking device upon the completion of the execution of the said imprisonment in the Cheongju District Court’s Assistance.
[Criminal facts] A person who has an electronic device installed 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 May 14, 2017, from around 11:48 to around 12:13 on the same day, the Defendant got out of all the tracking devices of the location tracking devices attached to the North Korean War for about 25 minutes, thereby impairing its utility.
In addition, on May 27, 2017, from around 08:23 to around 08:27 of the same day, the Defendant has undermined the utility of tracking devices by the same method four times in total from the French voice group to around 16:21 on May 27, 2017. From around 16:09 to around 16:21 on May 27, 2017, the Defendant has undermined the utility of tracking devices over eight minutes from around 23:59 on June 19, 2017 to around 0:07, by the same method.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Requesting a person wearing an electronic device to investigate a location tracking device;
1. Requests for investigation;
1. A copy of a written determination on an order to attach electronic device;
1. A protection observation card;
1. A comprehensive report on location tracking, execution and supervision;
1. Results of location tracking, execution and supervision;
1. Status of observation on protection;
1. The processing ledger, such as location tracking, risk warning, etc.;
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of a judgment based on the attachment of an electronic device for tracking the location of a suspect), and application of Acts and subordinate statutes concerning personal confinement;
1. Relevant Articles of the Act concerning the facts constituting the crime;