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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2018.05.24 2018노280
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The judgment below

The acquittal portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Scope of the judgment of this court;

A. In the case where several orders of the judgment, such as partial conviction and partial acquittal of a case prosecuted concurrently for concurrent crimes, are rendered separately from other parts, and the part which is not appealed by both parties becomes final and conclusive. Thus, in the case where only the prosecutor appealeds the part of the judgment of the first instance which acquitted or partially acquitted of the part of the concurrent crimes, the part of the judgment of the court of first instance which acquitted the defendant and the prosecutor did not appeal is final and conclusive as the period for appeal has expired, and the part of the judgment of conviction which was pending at the appellate court is only a public prosecution against the part of the judgment of innocence, and accordingly, the part of the judgment of the appellate court is reversed (see Supreme Court Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010; Supreme Court Decision 2010Do10985, Nov. 25, 2010>

2. According to the evidence submitted by the prosecutor (misunderstanding the facts), the defendant can be found to have extracted a unit code of a home-based surveillance device, which is an electronic device, and damaged a portable tracking device, thereby impairing its utility. As such, each of the facts charged in the instant case is damaged.

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