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(영문) 대구지방법원 2014.07.04 2014노1385
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the Defendant’s confessions of the instant crime and reflects the depth of the instant crime, the Defendant’s social life is restricted due to the attachment of an electronic tracking device, and employment is difficult, and it appears to have reached the instant crime that damages the location tracking device attached to a contingent device, and the Defendant appears not to have damaged the electronic device for the purpose of escape from tracking or preventing sexual crimes, and the Defendant is obliged to faithfully attach the electronic device during the period of attachment of the electronic device and perform its obligations.

However, considering the fact that the Defendant committed the instant crime even during the period of repeated crimes, including the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Robbery, Rape, etc.), and that there is a need for strict punishment against the act of destroying an electronic device in order to ensure the effectiveness of the Act on the Monitoring, etc. of Location Monitoring Electronic Monitoring, etc. of Specific Offenders for the purpose of protecting citizens from specific crimes by preventing recidivism of sex offenders and promoting re-socialization through correcting their personality and behavior, etc., the liability for such crime is deemed as inappropriate, taking into account all the sentencing conditions of the instant case, including the Defendant’s age, character and behavior, intelligence and environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., it is not recognized that the lower

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that the "(s)" is added to the last page of the judgment of the court below.]

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