A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to five years of imprisonment due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in order to support the High Court of the Republic of Korea (U.S.). On July 26, 2015, the Defendant completed the execution of the sentence in the Gando prison.

On October 15, 2010, the Defendant was sentenced to the five-year imprisonment with prison labor for the Goyang Branch of the Jung-gu District Court and the ten-year judgment ordering the attachment of an electronic tracking device, and on July 26, 2015, the Defendant was released from the So-gu prison on the day of the release from the So-gu prison, and the location tracking device was attached to the electronic tracking device.

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 21:51 on July 19, 2016, the Defendant: (a) sealed the location tracking devices installed near Macheon-si, Chungcheongnam-do; (b) divided the location tracking devices into the combined home of the location tracking devices; and (c) laid off on the road.

As a result, the Defendant arbitrarily separated the electronic device from his body during the period of attachment of the electronic device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Requests for investigation;

1. Investigative report (related to the time of damage to an electronic device), a notice of obligations before executing an attachment order, a location tracking device, and a photograph of damage to an electronic device;

1. Previous convictions as indicated in the judgment: A criminal investigation report (the date of a judgment pertaining to an order to attach an electronic device tracking device and the date of release from maturity, etc.); the application of the judgment and the current status of confinement by individual;

1. Articles 38 and 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders, and the Electronic Monitoring, etc. of Electronic Devices, and the choice of imprisonment for a crime;

1. The Defendant committed the instant crime, even though he/she had committed an aggravated repeated crime under Article 35 of the Criminal Act, during the period of repeated crime as stated in the judgment, and the electronic device.