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(영문) 춘천지방법원 2013.10.02 2013노366
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (a fine of 4 million won) is too unhued and unreasonable.

B. The sentence of the lower court is too unreasonable.

2. In light of the following facts: (a) the Defendant had been sentenced twice to the punishment of sexual assault crime; (b) the Defendant had been sentenced one time due to the cancellation of the complaint; and (c) the Defendant committed the instant crime even though he had committed a repeated crime due to sexual assault crime; (b) the Defendant intentionally destroyed the location tracking electronic device; (c) the Defendant intentionally destroyed the location tracking device; (d) the quality of the crime and the offender is bad in light of the substance of the crime; and (e) the electronic device system introduced to prevent the recidivism of violent crimes, such as sexual assault crime, which has a serious social problem, requires strict punishment for such crime; and (e) the Defendant committed the instant crime against the employees of the probation office, it is doubtful that the sentence against the Defendant is somewhat minor.

However, in light of the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the fact that the defendant has no record of being punished for the same crime, the number of violations is limited to one time, and the defendant was detained for one month in the original trial, the above defendant's age, character, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too heavy or unreasonable. Thus, each of the above arguments by the prosecutor and the defendant are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders in 19th 2nd 19 pages of the judgment of the court below is the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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