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(영문) 인천지방법원 2014.05.30 2014노1008

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the fine of two thousand won) is too unreasonable.

2. The fact that the defendant was aware of the crime of this case and his mistake is divided is favorable to the defendant.

However, in light of the fact that the court below was determined by fully considering the circumstances favorable to the defendant, and that there seems to be no change in circumstances that would be different from the judgment of the court below, and that in order to ensure the effectiveness of the law on probation and the attachment of electronic devices for specific criminal offenders, strict punishment is required for acts that impair the utility by arbitrarily separating or damaging the location tracking device, etc. In order to ensure the effectiveness of the law on probation and the attachment of electronic devices, etc., the defendant has the past record of having been sentenced several times due to the crime of this case, and it is inevitable to punish the defendant more severe punishment than that of the crime of this case during the period of repeated crime, and other various sentencing conditions as shown in the records and arguments, such as the age and behavior environment of the defendant and the circumstances before and after the crime, it cannot

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.