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

Punishment of the crime

[Criminal Power] On September 28, 2007, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Robbery, Rape, etc.) in the Daegu District Court on September 28, 2007 and completed the execution of the sentence in the Daegu Prison on June 13, 2013

【Criminal Facts】

On April 25, 2013, the Defendant received a decision ordering the attachment of an electronic tracking device for ten years from the Western District Court Branch Branch of Daegu District Court on April 25, 2013, and according to the said decision, the Defendant attached the electronic device from June 13, 2013.

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, at around 20:30 on June 30, 2014, the Defendant: (a) stated that, on the alleyway in front of the 210-10-10, the Defendant would not be aware of the Defendant’s electronic device wearing the Defendant’s electronic device before he was drunk, the Defendant could not check his position for 90 minutes in a way that he sets up the concrete floor so far as he could not cover the concrete floor so long as he was drunk.

Accordingly, the defendant damaged the location tracking electronic device and harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. A processing register, such as a report on the violation of an electronic device attachment and a location tracking risk warning;

1. Investigation report (the time of violation of location tracking system);

1. Attachment of photographs of a location where portable tracking devices are discovered and of damaged condition;

1. Court rulings rendered for branch courts of Daegu District Court;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Articles 38 and 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are provided for in the relevant criminal facts;

1. Selection of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;