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(영문) 의정부지방법원 2017.07.24 2017노1165

특수감금

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, the lower court’s co-defendant A and B do not have any fact that there was no misunderstanding of the facts and the victim F with the view to setting a view to the view of camping.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment, three years of probation, observation of protection, community service time, 160 hours) is too unreasonable.

2. Determination

A. 1) The Defendant also asserted the same purport as the grounds for appeal, and the lower court found the Defendant guilty of the instant facts charged, comprehensively taking account of the evidence so decided.

2) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim F attempted to have the Defendant go to the Jin first car in the police station’s “A” and the Defendant did not refuse to go to go to the Defendant’s vehicle. The Defendant’s air-conditioning network was taken out on the said vehicle due to the defect that the lower court did not want to go to go to.

The attitude seems to have shown that he had shown the strings.

The fact that a witness N, M, andO was made at the same time is consistent with the victim's statement by making a statement for the same purpose. ③ At the time, A et al. offered the victim by telephone and reported the victim's daily behavior to A et al. at the place where A et al. was located and the victim's daily activity was reported to 112, Defendant 2 et al. had a camping room.

Comprehensively taking account of the fact that the defendant and the defendant jointly detained the victim, A who jointly imprisoned with the defendant does not leave the camping hole room.

It is recognized that the victim was forced to put the victim into the first passenger car by showing the attitude that the victim seems to have shown.

Therefore, we cannot accept the defendant's assertion of facts.

B. The lower court’s judgment on the wrongful assertion of sentencing takes into account the following circumstances: (a) the crime of this case was seriously committed by the victim with a fatal trace; (b) the Defendant has been punished several times due to the same or similar violent crimes; and (c) the Defendant did not receive any letter from the victims; and (d) on the other hand, the Defendant paid two million won as damages for the victim.