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(영문) 광주지방법원 2015.11.05 2015노2287
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The defendant's mistake is recognized, and there is no circumstance to deem that the defendant had the purpose of evading or avoiding tracking the criminal investigation agency at the time of each of the crimes of this case, but at the same time there is no reason to deem that the defendant had the objective of preventing sexual crimes, but in order to ensure the effectiveness of the law on tracking electronic device attachment, etc. for specific criminal offenders for the purpose of protecting the people from specific crimes by promoting the prevention of recidivism of sex offenders and the re-socialization through correcting their personality and behavior, etc., and each of the crimes of this case has been committed repeatedly without being aware of even during the period of repeated offense is an unfavorable sentencing factor. In addition, considering the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the court below's punishment is too unreasonable. Thus, the defendant's argument is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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