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(영문) 서울중앙지방법원 2014.03.27 2013노3889
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or adversely affecting the conclusion of the judgment that found the Defendant guilty of the instant facts charged, although the fact that the Defendant was issued an order to attach an electronic tracking device by the Seoul Central District Court on April 3, 2013 or the Defendant’s body was not equipped with a portable tracking device.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, the defendant was subject to an order to attach an electronic tracking device for five years from the Seoul Central District Court on April 3, 2013, and on July 2, 2013, the defendant was attached with an electronic tracking device to the defendant on July 2, 2013, and the defendant was ordered to charge a portable tracking device or attachment device seven times from July 4, 2013 to July 26, 2013 by the Location Monitoring Control Center, etc., but the defendant refused to comply with the order or caused damage to the utility of the electronic tracking device by making the location tracking control center’s whereabouts unknown without obtaining the direction of charging. Thus, the above argument by the defendant is without merit.

3. Before determining the Defendant’s assertion of unreasonable sentencing, whether the Defendant was in a state of mental disorder at the time of each of the instant crimes are examined ex officio.

According to the statement on the defendant prepared by the Medical Treatment and Custody Director by the mental entrustment of this court, with regard to the criminal responsibility of the defendant, the "defendant" is deemed to be a patient suffering from the current mental state of the defendant, which shows the situation of damage, such as damage, over-the-counter, damage, relevant circumstances, debrisoning, debrising, debrising, debrising the impulse ability, poor mental state, unstable mental state, disability judgment, lack of pathology, etc. at the time of committing the crime in this case.

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