특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant committed each of the crimes of this case during the period of repeated crime due to forced indecent act without being aware of the record that he/she had been punished more than twice due to interference with the duties of the same criminal, and that the number of violations of the matters to be observed by the electronic tracking device is large number of times, etc.
On the other hand, the fact that the defendant recognized all of the crimes in this case and divided his mistake, the degree or result of the violation of the matters to be observed by the electronic tracking device operator, the degree or result of the obstruction of business, and the fact that the victim of the obstruction of business reached an agreement with the victim is favorable to the defendant.
In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.