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

Punishment of the crime

On July 25, 2008, the Defendant was sentenced to 10 years of imprisonment with prison labor and medical treatment and custody for the crime of genocide in Busan District Court, and received a decision from the Medical Treatment and Custody Deliberation Committee on April 24, 2017 to order the provisional termination of medical treatment and custody from May 1, 2017 but to attach an electronic tracking device for three years.

No person with an electronic device attached shall arbitrarily separate, damage, interfere with propagation, alter data received, or otherwise impair the utility of the electronic device in his/her body during the period of attachment of the electronic device.

1. On July 1, 2018, around 21:35, the Defendant damaged the utility of the electronic device by generating a portable location tracking device in the Bn of the Busan Young-gu, Busan, and thereby damaging the utility of the electronic device.

2. On July 2, 2018, around 00:48, the Defendant arbitrarily left the portable location tracking device on the front of the Busan Young-gu D, Busan, and left the place, thereby undermining the Defendant’s physical use by arbitrarily separating the electronic device from the Defendant’s body.

3. 피고인은 2018. 7. 2. 23:46경 부산 영도구 E여관 F호에서, 손톱깎이를 이용하여 피고인의 발목에 부착된 위치추적 전자장치의 부착장치를 절단하여 전자장치를 손상하고, 피고인의 신체에서 임의로 분리하여 그 효용을 해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Probation cards;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to warning processing registers);

1. Article 38 (1), 27, and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who have the option to commit the crime;

1. Circumstances unfavorable to the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that increase concurrent crimes: Probation and electronic devices for specific criminal offenders with the aim of preventing recidivism by persons who have committed specific crimes and protecting the people from specific crimes.