A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On September 9, 2010, 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 of Victims Thereof (voluntary indecent act by blood relative) in the Seosan Branch of the Daejeon District Court on September 9, 201, and completed the execution of the sentence in the official prison on July 5, 2015.

[2] A person who was issued an order to attach an electronic tracking device at the Seosan Branch of the Daejeon District Court on September 9, 2010 to attach an electronic tracking device for six years on July 5, 2015 and was attached with the electronic tracking device on July 5, 2015 shall not arbitrarily separate and 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 undermine its utility.

Nevertheless, at around 00:47 on November 9, 2015, the Defendant cut off part of boops of the location tracking device that was worn by the Defendant’s left heading in the E’s residence located on the D2nd floor of Seosan-si, Seosan-si, and damaged them.

Accordingly, the defendant has damaged the location tracking electronic device during the period of attachment of the electronic tracking device and has harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation as to whether the suspect is a repeated crime);

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, the option of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant: (a) was ordered by the person in charge of the surveillance office on the day of the instant case to stop sailing and to maintain the effectiveness of the electronic device, thereby damaging the electronic device; (b) frequently violated the instructions given by the officer of the surveillance office after the attachment of the electronic device; and (c) committed the instant crime at the time when four months elapse from the date of release and four months after the attachment of the electronic device. The Defendant was disadvantageous to the Defendant.