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(영문) 광주지방법원 2018.01.24 2017노3931
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant 1’s original judgment is too unreasonable.

B. The sentencing of the second decision of the Prosecutor’s 2nd decision is too uncomfortable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The first and second court sentenced the defendant to a separate trial by the Gwangju District Court 2017 High Court 2017 High Court 3864 and 2017 High Court 4861, and sentenced the defendant to a punishment for each of the defendant. The first court below decided that the defendant filed each appeal against the second court, and this court decided that the second court will concurrently deliberate on the above appellate case. The first and second court's offenses against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from the reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Protection and Observation of Specific Criminal Offenders, Articles 38 and 14(1) (a) of the Act on the Electronic Monitoring, etc. of Electronic Devices (a point of infringement on the utility of electronic devices), Article 39(2) of the Act on the Protection and Observation of Specific Criminal Offenders, Article 32(3)7 of the Act on the Protection and Observation, etc. of Electronic Devices (a point of violation of special matters to be observed), and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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