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

Punishment of the crime

The Defendant, at the Jeju District Court on April 12, 2012, sentenced to two years and six months to imprisonment for a violation of the Act on the Punishment, etc. of Sexual Crimes, etc., and ten years and six months to an order to attach an electronic tracking device on July 9, 2014, and completed the execution of the sentence by the Jeju Correctional Institution on July 8, 2024, and shall not interfere with the utility of the electronic device by arbitrarily separating, damaging, interfering with its propagation, altering data received, or by any other means during the period of attachment of the electronic device.

피고인은 2014. 7. 13. 18:41경 대구 수성구에 있는 수성교 위에서, 술에 취한 채로 홧김에 소지하고 있던 휴대용 추적 장치와 충전 크래들, 충전 어댑터를 다리 밑으로 던지고, 그로 인해 발에 부착된 위치추적발찌가 계속 진동을 하면서 소리를 내자, 인근 공사장에서 버려진 전지용 가위를 주워 전자발찌를 잘라서 신체에서 분리하였다.

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. Defendant's legal statement;

1. Photographs, such as a written command to execute an attachment order, a processing register including a location tracking risk alert, and a portable tracking device discovered;

1. Previous records: Inquiries, written judgments, and the application of Acts and subordinate statutes as a result of prisoners’ search;

1. Article 38 and Article 14 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are subject to the applicable law and the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Code provides that the Act on the Attachment, etc. of Electronic Monitoring, etc. of Specific Criminal Offenders with the reason of sentencing is aimed at promoting re-social meetings through the prevention of recidivism by specific criminal offenders, such as sexual assault crimes, and character and behavior correction, and protecting the people from a specific crime. Therefore, it is necessary to strictly punish the crime of violation and secure the effectiveness of the legislative purpose, and the defendant released the crime.