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(영문) 서울고등법원 2020.08.20 2020노319
살인미수등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

The seized knife k.

Reasons

The court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case, the request for attachment order, and the request for probation order. The prosecutor submitted a request for attachment order and a joint pleading to the court below on October 16, 2019 after the prosecution of this case. While the above request for attachment order, the court stated "Article 21-2 subparagraph 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders" as well as "Article 21-2 subparagraph 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders," which constitutes a request for probation order, in addition to "Article 5 (3) and Article 9 (1) 1 of the Act on Probation and Electronic Monitoring, etc. of Electronic Device for Specific Criminal Offenders," and stated "the same case as the case, and the attachment order and probation of the electronic tracking device," which is attached to the above request for attachment order.

(No. 48 of the trial records) In addition, during the second trial of the court below, the prosecutor made a statement to the effect that “the defendant is subject to the attachment order of electronic device and probation.”

(Public trial records 126 pages) Accordingly, the lower court rendered a judgment dismissing all of the requests regarding probation orders, other than a prosecutor’s request for attachment orders.

Since the appeal was filed only by the defendant, there is no interest in appeal regarding the request for attachment order and probation order.

Therefore, the Act on the Electronic Monitoring, etc. of Electronic Devices, which was amended by Act No. 16923, Feb. 4, 2020, and enforced from August 5, 2020, was amended to “Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders” as “Act on the Electronic Monitoring, etc. of Electronic Devices.”

Articles 9(8) and 21-8.

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