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(영문) 서울고등법원 2017.12.21 2017노2928

폭력행위등처벌에관한법률위반(공동감금)등

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The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant .

Reasons

1. The summary of the grounds for appeal is that each sentence sentenced to the Defendants (five years of suspended sentence to three years of imprisonment; three years of suspended sentence to one year and six months; three years of suspended sentence to one year and six months; three years of suspended sentence to two years of suspended sentence to two years of imprisonment) is too unfasible and the amount of each sentence is unreasonable.

2. The Defendants jointly detained Defendant A’s house during the two months of the Victim J, and arranged commercial sex acts by making them a female sexual traffic as a female, and paid the price for the commercial sex acts.

During that process, the victim J, who was the victim escapeer, and the defendants were detained again by threatening the victim J and continued to engage in sexual traffic.

In addition, the Defendants continued to increase the unfair debt under the pretext of the victimJ.

In addition, Defendant A, C, and D infringed upon the victim J's house in the course of tracking the victim J and stolen property amounting to KRW 840,00.

Each of the crimes in this case is very bad to commit the crime.

Defendant A, who led these crimes, was investigated by the police, was only denied the crime, not being aware of the awareness of compliance itself, but also committed another crime that inflicts injury upon the victim R.

In this case, the tendency to give the law to the defendant A is to peep.

As such, since there is a high possibility of social criticism against Defendant A, it is necessary to impose a sentence of imprisonment on Defendant A in order to correct Defendant A and return him to a sound member of society.

In order to recover the damage of the victim J, the defendants paid 35 million won to the victim J.

However, this is only limited to the amount of the defendants' exploitation, and it is not a reason to determine otherwise.

However, the defendants confession each of the crimes of this case when they came to the court of the court below.