특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is unreasonable because it is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
In the trial of the party, the prosecutor applied the provision applicable to the instant crime to “Article 39(1) and Article 9-2(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc.” to “Article 39(3) and Article 9-2(1)2-2 of the Act on the Electronic Monitoring, etc. of Electronic Devices”.
In addition, since this court permitted the modification of the bill of amendment, the judgment of the court below was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
[Grounds for the judgment to be used again] Criminal facts / [criminal records] Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court on February 5, 2020 and the judgment on June 19, 2020 became final and conclusive on June 19, 202.
[2] On October 7, 2016, the Defendant was sentenced to two years by the Seoul Northern District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), and was sentenced to three years by the Seoul High Court on December 23, 2016 to an order to attach an electronic tracking device. On July 3, 2018, the Defendant is required to attach a location tracking device by attaching an electronic tracking device at the Gwangju District Court upon completion of the execution of the above sentence.
A defendant shall, upon being sentenced to the above attachment order, limit his/her residence to the Si/Gun/Gu having jurisdiction over the place of residence reported to the director of the headquarters for the protection and observation of the electronic device during the period of attachment of the electronic device, and where he/she takes out a trip after leaving his/her place of residence, he/she shall do so