특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (a year and six months of imprisonment, and a fine of KRW 3,00,000) on the gist of the grounds of appeal is deemed to be too uneasible and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
Since the Defendant was sentenced to an order to attach an electronic tracking device at the location of sexual assault crimes, the Defendant was sentenced to imprisonment with prison labor by carrying out the order in good faith, even though the Defendant was sentenced to the order to attach an electronic tracking device, and the police officers dispatched from the main point of time during which the outing is prohibited were sentenced to a crime of interference with the performance of official duties, and did not perform the order again over several times, and did not perform the order again, and did not damage the attached location tracking device. After the Defendant was arrested as an offender in the act of committing a crime, it is highly likely that the Defendant committed a crime of assaulting a police officer in the course of performing official duties and obstructing his/her duties.
In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.
On the other hand, it is favorable that the defendant recognizes all crimes and reflects them.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, and circumstances after the crime, and various sentencing conditions as shown in the instant records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and inappropriate.
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.