TITLE	Supreme Court Decision 2012Do5862 decided August 17, 2012[Violation of the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders] [full Text]
Summary
[1] Whether an action that ""impedes the use"" of an electronic monitoring device as provided by Article 38 of the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders includes the act of preventing the device from functioning normally (affirmative) aside from directly damaging the function of the device, and whether if the act of preventing normal function is punishable if deemed to be done in omission, as long as it was done knowingly and willfully (affirmative) [2] The court holding that the judgment below which found the defendant guilty on grounds that his act of neglecting the loss of the tracking device for a considerable amount of time constitutes impediment of the use of the electronic monitoring device, in a case where the defendant (who was subject to the attachment of an electronic tracking device) lost a component of the device (the portable tracking device) but moved about without reporting the loss until 3 days had passed, and was consequently indicted for violating the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders

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