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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2012.12.26 2012전노42
부착명령
Text

The appeal filed by the person whose attachment order is requested shall be dismissed.

Reasons

1. The court below's order to attach an electronic tracking device for 10 years to the person for whom the attachment order was requested is too unreasonable.

2. The court below, which duly adopted and examined the evidence, repeatedly committed the instant crime on April 28, 2012, i.e., (i) the Defendant was sentenced to two years of imprisonment with prison labor for the crime of inducing sexual intercourse at the Seoul Southern District Court on December 2, 2004; (ii) on October 2, 2007, the same court was sentenced to eight months of imprisonment with prison labor for the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; and (iii) on April 3, 2009, the Changwon District Court was sentenced to three years and six months of imprisonment with prison labor for the crime of violating the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.); and (iii) on the completion of the execution of the instant punishment on April 28, 2012, the Defendant committed the instant crime again on two occasions by force of the victim who is a child or juvenile; and (iii) on the one-time rape level of the risk of recidivism of the device subject to attach an electronic attachment order falls under the level of 9 percent risk.

3. In conclusion, the appeal filed by the person against whom the attachment order was requested is dismissed in accordance with Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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