A defendant shall be punished by imprisonment for four months.

One set of batteries (No. 2) seized shall be confiscated.

Punishment of the crime

On August 13, 2008, the Defendant was sentenced to a suspended sentence of two years and six months for the crime of bodily injury resulting from rape at the Suwon District Court. On October 7, 2011, the Defendant was sentenced to an order to attach an electronic tracking device for three years and ten years at the Incheon District Court to attach an electronic tracking device for three years and ten years for the crime of bodily injury from rape, etc. during the grace period. On March 29, 2012, the sentence of the said suspension was invalidated and the execution of the said sentence was completed around July 20, 2016. On July 20, 2016, the Defendant was attached with an electronic tracking device (hereinafter referred to as “electronic device”).

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his body during the period of installation of the electronic device, but the defendant, at around November 1, 2016, at the defendant's house located in the e-mail C, on the ground that he had access to the right part of the main part of the right part of which the electronic device is installed, using the batteries (Evidence No. 2) for the reason that he has access to the e-mail part of the main part of the right part of which the electronic device is installed, was separated from his body.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into a protocol of seizure and a list of seizure;

1. Decision on attachment of an electronic tracking device and statement of data for repeated crime;

1. Images of seized objects and photographs;

1. Previous convictions: Application of respective Acts and subordinate statutes to a reply to inquiry, such as criminal history, criminal suspect's location tracking electronic device attachment, and repeated data;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant cutting off an electronic tracking device, which is attached to a specific crime, for the purpose of protecting the people from a specific crime, the crime is serious, and the Defendant is punished for a sexual crime.