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(영문) 청주지방법원 2018.11.30 2018노814
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 3 million) is too uneasy and unreasonable.

2. According to ex officio review, records and significant facts before the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to imprisonment with prison labor for ten months and for a fine of three million won for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Cheongju District Court’s Chungcheong support on September 7, 2018 (the above court’s order 2018 High Court Order 430,000 won) and filed a summary appeal, but the above judgment became final and conclusive on November 29, 2018 (Supreme Court Decision 2018Do14655, Supreme Court Decision 2018Do14655). Since the crime in the judgment of the court below is in a concurrent relationship between the offense of Article 37 of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc. and the offense of violation of Article 39(1) of the Criminal Act, the judgment of the court below should not be rendered concurrently in consideration of equity.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence acknowledged by this court is the first head of the lower judgment’s criminal facts and the summary of the evidence. “The Defendant was sentenced to imprisonment with prison labor for ten months and a fine of three million won for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Cheongju District Court’s Assistance on September 7, 2018, and filed a summary appeal, but the judgment became final and conclusive on the same day on November 29, 2018.

Except for the addition of "," it is the same as the corresponding column of the judgment of the court below, and therefore, in accordance with Article 369 of the Criminal Procedure Act.

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