2009No2000 Matters concerning the attachment of an electronic device to track the location of a specific sexual offender.

Violation of law

A

Both parties

Enzyme Kim

Daegu District Court Decision 2008Kadan654 Decided June 11, 2009

September 16, 2009

All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant

In light of the fact that the defendant committed the instant crime with mental illness and internal nature, family relation of the defendant, economic form, etc., the sentence of the court below (three million won of fine) is too unreasonable.

(b) Prosecutors;

The crime of this case is an electronic device damage case that occurred at the first time throughout the country after the Act on the Electronic Monitoring of Specific Sexual Offenders enters into force. Considering the purpose of the enforcement of the above Act and the preventive source, etc., it is necessary to punish the defendant with severe punishment corresponding thereto. However, the lower court’s punishment that is sentenced to a fine of KRW 3 million is too uneasible and unreasonable.

2. Determination

The Defendant arbitrarily separated and damaged the above electronic device even though he was released on the condition of the attachment of an electronic tracking device during the execution of imprisonment with prison labor due to the invalidation of a suspended sentence after being sentenced to the judgment of the court below. The Defendant’s above act is aimed at protecting the people from sexual crimes by attaching an electronic tracking device for the prevention of recidivism and re-socialization through character and behavior correction, and thus, the nature of the crime is not easy. However, the Defendant’s assertion is without merit, on the other hand, that the Defendant did not have any past record other than the above past power, and the Defendant reported himself 112 in mind that he did not have personal records immediately after the crime. The Defendant was a recipient of the National Basic Living Security Act, the Defendant is divided in depth of his mistake, the circumstance, method, and method of the crime in this case, the value of the damaged electronic device, the age, character and conduct of the Defendant, and the circumstances after the crime, and thus, it cannot be said that the Defendant’s punishment against the Defendant is too weak or unreasonable.

3. Conclusion

Therefore, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judgment of the presiding judge;

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