A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

On August 1, 2012, the Defendant issued an order to attach an electronic tracking device for three years and ten years at the Seoul Western District Court on August 1, 2012 and completed the execution of the said sentence on May 6, 2016.

The Defendant was sentenced to an order to attach a location tracking device as above and became final and conclusive on January 31, 2013, and became subject to installation of a location tracking device from May 6, 2016 to May 5, 2026, when the execution of the above sentence was completed.

1. Since the Defendant was sentenced to a judgment ordering the attachment of an electronic tracking device at the time of rendering a judgment, the Defendant was subject to compliance, such as “to take out outside the Defendant’s residence from around 00:00 on each day to 06:00,” and thus, should not violate the above compliance without justifiable grounds.

Nevertheless, from November 6, 2016 to December 26, 2017, the Defendant was not returned to Ctel No. D, which is the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City, and was going out of his residence for 19 hours from the above date and time to December 26, 2017, as described in attached Table 1.

In this respect, the defendant violated the rules of the electronic tracking device for the location tracking device 19 times without justifiable reasons.

2. A person who has an electronic tracking device attached to a position that violates the duty to maintain the utility of an electronic device 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 dissemination, alter data received, or otherwise impair its utility.

On October 28, 2016, around 01:31, the Defendant: (a) placed a location tracking device in the F restaurant located in Gangnam-gu Seoul Metropolitan Government E with an electronic tracking device; and (b) went away from the contact range of the location tracking device; and (c) extended over 15 times from the aforementioned date and time to September 20, 2017, as shown in the attached Table 2 of Crimes List 2.