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(영문) 전주지방법원 2016.05.19 2015노1811
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, July 7, 2015.

Reasons

1. Summary of grounds for appeal;

A. The crime Nos. 5, 6, and 7 of the facts constituting the crime of the court below as stated in the judgment below, which alleged the misunderstanding of the facts as to Nos. 5, 6, and 7 of the facts constituting the crime of the court below as stated in the judgment below, was discharged without charging the charge due to the mechanical defect of the portable tracking device, and there was no intention to harm its utility by neglecting or carrying the defendant without charging the portable tracking device.

B. misunderstanding the facts as to No. 6 of the facts constituting the crime in the judgment below and misapprehension of the legal principles as to the No. 6 of the facts constituting the crime in the judgment below. 6 of the facts constituting the crime in the judgment below are as follows: (a) the Defendant entrusted the Defendant with a portable tracking device to charge the said age club wawa because of mechanical defects; and (b) caused the Defendant to deviate from the scope of response with a portable tracking device to charge the wawawawa, and did not intentionally undermine the utility of the location tracking electronic device (hereinafter “electronic device”).

2) In addition, the Defendant’s act of entrusting the charge to the manager of a gym club (water) for filling in a certain space, which is a gym club, is not an act of not carrying an electronic device, since the Defendant’s actual control over a portable tracking device is below the Defendant’s control.

(c)

It is unfair that the sentence of the court below (6 months of imprisonment) is too unreasonable.

2. Determination of the misapprehension of the facts and the misapprehension of the legal principles as to the crime No. 6 of the judgment below

A. Article 14(1) of the Act on the Protection and Observation of Specific Criminal Offenders, and the meaning of carrying under Article 11 subparag. 1 of the Enforcement Decree of the same Act 1) Article 14(1) of the Act on the Protection and Observation of Specific Criminal Offenders, and Electronic Monitoring, Etc. (hereinafter “Electronic Monitoring Act”) provides that “a person with an electronic device installed (hereinafter “person subject to attachment”) shall be deemed to have its utility by means of arbitrarily separating or damaging the electronic device from his body during the period of attachment of the electronic device, altering data received, or by any other means.

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