(영문) 서울북부지방법원 2018.07.27 2018노495 (1)



The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, and 80 hours of community service order) against the Defendant is too uneased and unreasonable.

2. The instant crime committed by the prosecutor on the grounds of appeal is a case where: (a) the Defendant took the victim’s house into custody for 19 days under the pretext of receiving compensation for damages incurred by the past victims along with A; and (b) took the victim’s work at the construction site in lieu of daily allowances; (c) the victim was inflicted an injury by undermining game penal provisions in the course of confinement and assaulting the victim with dangerous things.

Considering the motive and background of the crime, the period of detention, the degree of restriction on the freedom of the victim, and the method of the crime, etc., the nature of the crime in this case is not very good.

Before committing the instant crime, the Defendant was sentenced to a fine for violent crime.

On the other hand, on the other hand, the defendant recognized the crime in the trial and divided his mistake.

The defendant did not have any history of criminal punishment in addition to the above punishment of the fine, and the victim expressed his/her intention not to punish the defendant by mutual consent with the victim.

In full view of all other circumstances revealed in the pleadings, such as the Defendant’s age, sex, environment, criminal record, and the background and result of the instant crime, the above punishment sentenced by the lower court is too uneasy and unreasonable.

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

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