A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 18, 2011, the Defendant was sentenced to an order to attach an electronic tracking device for three years and six months, and fifteen years, due to rape in the Busan District Court on April 1, 201, and the sentence became final and conclusive on April 1, 201, and on June 23, 201, the Defendant was in the process of attaching an electronic tracking device under the protective observation under the Act on the Protection, Observation, etc. from June 23, 2014 after the execution of the imprisonment was completed.

In addition, on July 22, 2015, the Defendant was sentenced to four months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. at the Busan District Court on September 13, 2015 and completed the execution of the sentence in the Busan Detention Center.

A person with an electronic device installed shall not 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. On July 4, 2016, the Defendant cut off the above location tracking device attached to the Defendant’s absure from a restaurant toilet of Busan City on July 4, 2016, and cut off and damaged the electronic device from his/her body at his/her own discretion.

Summary of Evidence

1. Statement by the defendant in court;

1. A written direction to execute an attachment order, each written judgment, report, confirmation of the obligation before the execution of the attachment order, processing register, such as location tracking, warning, etc., damaged device, and virtual photograph used at the time of damage to the attachment device;

1. Previous convictions: The current status of personal confinement and the application of Acts and subordinate statutes making inquiries about criminal history;

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 against the crime;

1. The crime of this case on the ground of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is serious as the defendant cut off the location tracking electronic device as above during the same repeated crime period.

However, for the purpose of joining the prison by putting the defendant against whom he is living, and admitting his body, it shall be done to the officer of the protection and observation immediately before the crime of this case.