A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

【Criminal Records of Crimes】 On October 13, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Ulsan District Court, and on January 27, 2018, the Defendant completed the execution of the sentence at the Ulsan District Court’s detention house.

On July 15, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Ulsan District Court, and on October 11, 2015, the Defendant completed the execution of the sentence at the port prison.

【Criminal Defendant was subject to a decision to order the attachment of an electronic tracking device for ten years from the Daegu District Court’s Port on February 13, 2014, and was equipped with an electronic tracking device. A person with an electronic tracking device installed shall not arbitrarily separate the electronic device from his/her body during the period of attachment, damage, interfere with radio wave, alter data received, or otherwise undermine its utility.

Nevertheless, on May 23, 2018, the Defendant separated and damaged the above location tracking device attached to the Defendant’s left part by cutting off the electronic tracking device on the upper part of the Defendant’s house 106 dong 606, Ulsan-gun, Ulsan-gun, Ulsan-do around 08:30, and caused its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. All related data, such as reports on the occurrence of a violation of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, detailed information on the electronic device subject to attachment, direction of execution of the electronic device attachment order, copies of the decision on the attachment order of the electronic device, photographs of damaged electronic device, photographs of damaged electronic device damage tools, official document requesting investigation, details of the report processing of the case, protection observation cards, etc.;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of the judgment of larceny, and the application of statutes on the acceptance of individuals;

1. Article 38 (1) and Article 14 (1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment, etc. of Electronic Devices, Articles 38 (1) and 14 (1) of the same Act concerning criminal facts, the choice of imprisonment;

1. The Defendant’s assertion that Article 35 of the Criminal Act of aggravated repeated crimes (“the Defendant, who had mental illness, snicked with snick or snicked with snicks at the time of drinking.”