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(영문) 대법원 2020.04.29 2020도2286

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted each of the instant charges on the violation of the Act on Probation, Etc. and Electronic Monitoring, Etc., on the grounds that there is no proof of crime, on the part of violation of the Act on Probation, etc.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, thereby adversely affecting the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.