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(영문) 부산지방법원 2018.12.13 2018노3842
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

Of the crimes as indicated in the holding of the court below, the court below selected imprisonment for the application of Article 39(3) and Article 9-2(1)1 and 5 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. with respect to the violation of the Act on the Electronic Monitoring, Etc. due to the violation of the code of crime 2, 3, and 6 of the list of crimes as stated in the judgment of the court below, while on the other hand, the court below erred in the violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. due to the violation of the code of crime 1, 4, and 5 of the list of crimes as stated in the judgment of the court below and the violation of the Act on the Electronic Monitoring, etc. of Electronic Devices, after warning that the punishment of imprisonment or fine is prescribed, in relation to each violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc.

There is a concurrent relationship between each other in the judgment of the court below and each other in the former part of Article 37 of the Criminal Act.

In light of this, the defendant was sentenced to imprisonment for not less than eight months.

In this regard, the statutory penalty for the violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. due to the violation of the code 2, 3, and 6 recompliances in the holding of the court below is limited to a fine not exceeding KRW 10 million. Therefore, the imprisonment cannot be selected.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the statutory penalty for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, which affected the conclusion of the judgment. In this regard, the judgment of the court below cannot be maintained as is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again followed after pleading.

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