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(영문) 대구지방법원 2015.09.18 2015노2539
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of six months of imprisonment and fine of two million won imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The facts charged in this case are recognized and against all of the defendant, and there is no circumstance to deem that the defendant had the purpose of evading and avoiding tracking the investigation agency or preventing sexual crimes at the time of the crime in this case. However, in order to ensure the effectiveness of the law on location tracking electronic device attachment, etc. for specific criminal offenders with the purpose of protecting the people from specific crimes by promoting the prevention of recidivism and re-socialization through character and behavior correction, it is necessary to strictize the defendant. The defendant was sentenced to 7 years of imprisonment for sex crimes as stated in the judgment of the court below and committed the crime in this case without being informed of the period of repeated crime. The defendant was punished for the same kind of crime before the crime in this case. The defendant again committed the crime in this case even if he was punished for the same crime before the crime in this case, and even if he was sentenced to a fine on June 4, 2015 during the trial in this case, he was subject to urgent arrest in violation of the code of conduct, and there is no reason to acknowledge the defendant's punishment too unfair.

3. The defendant's appeal is without merit. Thus, 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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