폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Of the accused cases in the judgment of the court below, violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc.
The court below dismissed the prosecution against injury among the facts charged in the defendant case, and found the remainder guilty of all the remaining facts charged, and sentenced the judgment of the court that ordered the attachment of an electronic tracking device for five years and the attachment of an electronic tracking device for the remaining crimes, and imposes the same compliance with the attached Table. The court held that the court below ordered the attachment of an electronic tracking device for five years in relation to the case of the attachment order and imposed a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. and the Protection of Victims, etc.) in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.
With regard to this, only the defendant and the person subject to a request for attachment order (hereinafter "defendants") appealed only to the part of the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (residential Rape, etc.) among the defendant's cases in the judgment of the court below, and the part of the court below's request for attachment order in accordance with Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of the judgment of this court is limited to the part of the defendant's case in the judgment of the court below regarding
Summary of Grounds for Appeal
Although the Defendant did not have any fact at the scene of the crime at the time of the instant case, the lower court found the Defendant guilty of the facts charged.
The punishment sentenced by the court below on the argument of unfair sentencing (two years and six months of imprisonment) is too unreasonable.
Judgment
According to evidence and records duly adopted and examined by the court below on the part concerning the violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims among the accused cases in the judgment below, the defendant was sentenced to eight months of imprisonment for larceny at the Seoul Northern District Court on July 12, 2005. < Amended by Act No. 7879, Jul. 12, 2005