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(영문) 부산지방법원 2015.04.30 2015노940
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (four months of imprisonment) is deemed to be too unhued and unfair.

2. The crime of this case is deemed to have violated the attachment order of this case, and the defendant who was ordered to attach an electronic tracking device because it is recognized that the risk of recidivism and sexual crime is likely to be committed, and the case is not easy to attach an electronic tracking device to probation officers, etc., which are disadvantageous to the defendant, such as the defendant's mistake, the defendant repents and reflects his fault, and in the future, the defendant must attach an electronic device in good faith. There is no extenuating circumstance to deem that the defendant had the purpose of tracking avoidance by investigation agencies at the time of the crime of this case, and there is no purpose of preventing the defendant from committing a sex crime, and the defendant seems to have the time of his own lodging through four-month detention life. It seems that the defendant currently has a good health, the equity in sentencing with the same and similar case, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the defendant's age after the crime, the defendant's age, character and nature, etc.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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