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(영문) 서울동부지방법원 2014.10.17 2014노1035

폭력행위등처벌에관한법률위반(공동감금)등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (the three years of imprisonment and confiscation, and the two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed by the defendants in collusion with the defendants to prepare for the crime of this case, such as a long line and tape, and found the victim before the victim's waiting time, forced the defendants to board the vehicle for a long period of time to prevent him from suffering losses and hairing with the victim, and is placed under confinement for six hours, without the victim's license, and the defendant A uses the victim's assaulted and injured, and without the driver's license 0.013% of the blood alcohol concentration without the driver's license. The crime is very poor in quality as the case driven without the driver's license. The drinking driving is very poor, and there is a need to strictly punish the defendants for crimes that may cause harm and harm to the general public's property and safety, such as causing traffic accidents. However, the victim's physical injury and serious mental suffering from the crime of this case has some unfavorable conditions to the defendants, but there is no record of special punishment before the defendant's departure from the Republic of Korea for a considerable period of time, and there is no special circumstance that the defendant's mental and physical harm.

3. In conclusion, the Defendants’ appeal is with merit.