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(영문) 울산지방법원 2014.05.02 2014노244
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes, the fact that the location tracking device does not physically damage, etc., the Defendant was sentenced to eight months of imprisonment on November 26, 2013 due to the violation of the Act on Probation and Electronic Monitoring, etc. against Specific Criminal Offenders, the Defendant again harming the effectiveness of the location tracking device, which is the same crime, even after the execution of the sentence was completed on November 26, 2013; even though there were many violences, the Defendant’s damage to the public goods of the police station during the period of repeated assault, while being detained with the probation officer again during the period of repeated assault, and in full view of all other circumstances, such as the Defendant’s age, character and behavior, living environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.

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

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