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(영문) 서울중앙지방법원 2017.06.23 2017노1040
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

The reason for the prosecutor's appeal is that the court below's punishment is too minor.

However, considering the circumstances revealed in the reasons for sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is beyond the discretionary scope, and it is not recognized that the lower court’s sentencing is unfair to the extent that it cannot be reversed.

The prosecutor's appeal is dismissed [Provided, That in the judgment of the court below, Article 39 (2) and (3), Article 9-2 (1) 1, Article 32 (3) 1, and Article 38 of the Act on the Protection and Observation, etc. of Electronic Devices, Article 32 (3) 1 and 38 of the Act on the Protection and Observation, Etc., and Article 39 (3) and Article 9-2 (1) 1 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders, and Article 39-2 (3) of the Act on the Electronic Monitoring, etc. of Electronic Devices (the violation of the rules after the warning of the head of the Protection and Monitoring Office is given), the defendant is subject to the witness's order to observe the Act on the Protection and Monitoring, etc. of Specific Criminal Offenders, and Article 39 (2) and (3) of the Act on the Protection and Monitoring, etc. of Electronic Devices, and Article 38 (2) of the Act on the Protection and Monitoring, etc. of Specific Criminal Offenders is subject to observe ex officio.]

On the other hand, Article 32(2)3 of the Act on the Protection, Observation, etc. provides that “The direction and supervision of the protection observation officer shall be followed and the visit shall be made only when visiting,” as one of the general matters to be observed by the protection observation officer.

Therefore, the defendant stated the facts charged.

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