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(영문) 대구고등법원 2017.08.24 2017노244
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

The court below rendered a judgment to dismiss the prosecutor's request regarding the part of the case of the defendant and the part of the case of the case of the attachment order, and the only defendant appealed. Thus, there is no interest in appeal regarding the part of the case of the attachment order claim.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

In light of the various sentencing conditions in this case, the sentencing of the reasons for appeal is unfair because the sentence imposed by the court below (the completion of sexual assault treatment programs for four years and forty hours) is too unreasonable.

It is unfair that the court below ordered the defendant to disclose and notify the information about the defendant for a period of five years.

Judgment

Examining the various sentencing conditions in the instant case regarding the wrongful assertion of sentencing, the fact that the Defendant appears to have committed the instant crime, and that the remainder, excluding cash, was returned to the victim, is favorable to the Defendant.

On the other hand, the crime of this case is committed by the defendant, a female victim under the influence of alcohol, a substitute driver, and driving the victim with a rare body while driving the victim with a rare body. After that, even if the defendant was sentenced twice or more due to larceny, etc., which brought the victim's cash, hand phone, etc., and was sentenced to two or more times, it is habitually stolen within three years. The above victim's vehicle is operated within a about 5km section without a driver's license. The person subject to registration of personal information failed to report the change of his place of residence within 20 days, even though the residence, which is the basic personal information, has been changed.

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