특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The defendant's assertion that the court below sentenced the defendant to the punishment (the imprisonment of eight months and the fine of one million won) is improper because it is too unreasonable.
B. Prosecutor’s assertion 1) Meritorious legal principles (not guilty part) on probation and electronic device attachment, etc. of specific criminal offenders (hereinafter “Electronic Device attachment Act”).
Article 9(3) of the Act provides that a person subject to an attachment order (hereinafter “person subject to attachment”) shall be subject to the attachment order.
) This Act on Probation, etc. (hereinafter “Probation Act”)
A) Article 3(1)5 of the Probation Act provides that a person wearing an electronic device shall be put on probation, and the person subject to probation is “a person who is provided for by other Acts to be put on probation under this Act” and falls under a person subject to probation. Therefore, separate from the court’s ruling, the duty to comply with Article 32 of the Probation Act occurs as a matter of course against the person subject to attachment, and the prosecutor is not prosecuted by deeming the matters to be observed under Article 9-2 of the Electronic Monitoring Act as the matters to be observed under Article 32 of the Probation Act as the matters to be observed under Article 32 of the Act, but prosecuted the violation of the duty under the independent probation Act separate from the matters to be observed under Article 9-2 of the Electronic Monitoring Act. Therefore, the judgment of the court which acquitted the Defendant of this part
2. In determining the misapprehension of the legal principles of a prosecutor [Attachment of Electronic Devices Act] Article 9 (1) where the court deems the request for an attachment order reasonable, it shall issue an attachment order by judgment within the period specified in any of the following subparagraphs:
(3) A person sentenced to an attachment order shall be placed on probation under the Act on Probation, etc. during the period of attachment.
Article 9-2 (Matters to be Observed) (1) In cases where a court issues an attachment order pursuant to Article 9 (1), the period of compliance shall be limited to the period of attachment.