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(영문) 창원지방법원 2016.05.25 2015노2994
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination of each of the crimes of this case is an unfavorable circumstance where each of the crimes of this case harms the utility of the defendant's location tracking device by taking off all of the electronic tracking device, violates the direction given by the protection observation officer without any justifiable reason, and thus, the nature of the crime is very poor, the legislative purport of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., and the effectiveness of the location tracking electronic device attachment system, and the defendant committed each of the crimes of this case during the period of repeated crime.

However, in light of the fact that all of the crimes of this case are led to the confession and reflect of all of the crimes of this case and the implementation of the future matters to be observed in good faith and the direction of the protection and observation officer, the defendant does not damage the location tracking electronic device itself or separate the body, but the utility of the electronic device is harmed by a method of not filling it. In light of the frequency period of each crime of this case, the frequency period of each crime of this case, the circumstances leading to the crime of this case, etc., the defendant does not seem to have impaired the utility of the location tracking electronic device or violated matters to be observed, and the fact that the defendant has no power to

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is justified.

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