폭력행위등처벌에관한법률위반(공동감금)등
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for eight months.
except that this shall not apply.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., imprisonment for a maximum of one year, a short of eight months, and Defendant C: imprisonment for a maximum of ten months) is too unreasonable;
2. The crime of this case is disadvantageous to the Defendants, in light of its details and methods, etc., and the Defendants had a record of having received juvenile protective disposition several times for the same and different crimes.
However, in full view of the favorable circumstances such as the defendants' time to commit the crime of this case and the fact that the defendants were in violation of the law, and that the victims do not want the punishment of the defendants when they came to the trial, and other factors of sentencing such as the defendants' age, character and conduct, environment, circumstance of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable.
3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.
【Reason used again against the defendant】 The facts constituting the crime and the summary of the evidence recognized by the court is identical to the facts constituting the crime of the court below and the summary of the evidence. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants of relevant criminal facts: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act (the point of joint conflict), Article 2 (2) 2 of the Punishment of Violences, etc. Act, and Article 276 (1) of the Criminal Act (the point of joint confinement);
1. Trade concurrent defendants: Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Punishment of Violences, etc. Act heavier than the punishment shall be imposed);
1. The Defendants’ choice of punishment: Imprisonment with prison labor
1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (Consideration favorable to the preceding); and
1. Probation;