특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the fine of 5,000,000 won) is too unreasonable.
2. Although the Defendant was sentenced to a fine after having committed the same type of crime as the instant case during the period of repeated crime, it is not easy to impose a criminal liability on the Defendant in that he/she again violated the matters to be observed and has re-violationd without disregarding the warning.
However, in full view of all the circumstances that form the conditions for the sentencing of this case, including the Defendant’s age, character and behavior, environment, background of the crime and circumstances after the crime, etc., it seems that the Defendant did not commit each of the crimes of this case for the purpose of committing another crime or attempting to escape, and that there is no record of punishment exceeding the fine due to the same kind of crime, and that there is a family member to support the Defendant.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 39 (3), Article 9-2 (1) 1 (in violation of any of the matters to be observed in outer limits), Article 39 (2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Article 32 (3) 1 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Article 32 (3) 1 of the Act on Probation, Etc. (in violation of any of the matters to be observed in outer limits after warning);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Violation of any provision of restriction on outing after a warning of the option of punishment is given;