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(영문) 서울서부지방법원 2015.10.22 2015노1089
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 4 million won) is too minor.

2. It is true that if the accused violated six times or more without being aware of the facts to be observed after the judgment of the court below, there is a considerable doubt as to whether the accused is against the truth of the crime of this case.

In addition, the Defendant violated the code of practice three times even before the instant case, and accordingly, the Defendant was notified of a summary order of KRW 2 million during the trial proceeding in the lower court.

However, all of the crimes of this case are recognized by the Defendant, and the crimes of this case are not implemented six times in total without any justifiable reason even though the Defendant imposed matters to be observed, such as restrictions on going out during a specific time period, and the degree of illegality cannot be said to be large in light of the method and frequency of the crime.

In addition, considering the overall factors of sentencing as prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal record, the sentence of the court below cannot be deemed to be too uneasible and unreasonable.

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

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