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(영문) 서울북부지방법원 2015.07.28 2015노958

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant is too unfilled and unfair.

2. Although the Defendant may result from a different type of crime from the instant crime, sexual assault crimes, etc., the Defendant has already been punished by imprisonment with prison labor or a stay of execution of imprisonment with prison labor, and the Defendant’s crime of this case is heavy, the Defendant’s crime of this case goes against the legislative intent of the Act on Probation of Specific Criminal Offenders and Electronic Monitoring, etc. for the purpose of protecting citizens from specific crimes by taking additional measures to protect citizens from recidivism, after the specific criminal offender’s body was sentenced to imprisonment with prison labor or a stay of execution of imprisonment with prison labor. The Defendant’s crime of this case is deemed to have committed the instant crime of this case, taking into account the following circumstances: (a) on July 23, 2014, with an order to attach an electronic tracking device for seven years from the Suwon Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch District Court, and thus, the Defendant’s age and condition of this case’s crime of this case’s crime of this case’s case’s punishment cannot be considered.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.