Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
except that this judgment.
Reasons
Summary of Grounds for Appeal
The sentence imposed by the court below on the defendant (five years of imprisonment with labor for a term of three years) is too uneasible and unfair.
It is necessary for the defendant to attach an electronic tracking device because his/her dismissal of an attachment order is highly likely to repeat sexual crimes.
Nevertheless, it is unreasonable for the court below to dismiss the Defendant’s request for attachment order of this case.
Judgment
B. Article 2-2 of the facts charged at the trial prior to the judgment on the grounds for the appeal of unfair sentencing by the ex officio decision-making prosecutor on the amendment of the indictment on the part of the defendant case.
Around August 2013, the date and time of subsection (1) changed from “2013.” to “ around May 18, 2013,” and the subject of the judgment was changed by this court. As such, the judgment of the court below was no longer maintained.
As to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles (the Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 11287, Feb. 1, 2012) with respect to an ex officio judgment on the issuance of an order to notify disclosure, only the crime after August 2, 2012 (the Act amended by Act No. 11287, Feb. 1, 2012) is defined as a sex offense against a child or juvenile, which is an offense subject to an order to notify disclosure. However, the lower court erred by misapprehending that the Defendant, whose recognition is unclear before or after the enforcement of the Act, included the crime in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles from 201
Therefore, the judgment of the court below can no longer be maintained.
The lower court rendered a suspended sentence on the specific crime case of this case regarding the claim for attachment order.
According to Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a suspended sentence shall be ruled when a specific crime case is sentenced.