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(영문) 의정부지방법원 2014.10.22 2014노1020

폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation) is too unreasonable.

2. In light of the above, there are favorable circumstances for the Defendant, such as the fact that the Defendant led to the confession of each of the instant crimes and stated that they are divided, that the victim C and the victim Hyundai Marine Fire Insurance Co., Ltd. do not want to punish the Defendant, and that the Defendant paid most of the defrauded money to the victim Hyundai Marine Fire Insurance Co., Ltd., and that the Defendant paid KRW 4 million, which is part of the defrauded money to the victim Samsung & Fire Marine Insurance Co.

On the other hand, the defendant committed the crime of confinement in this case, such as assaulting and assaulting, one time before the criminal record of the crime of larceny, which has been sentenced to a punishment heavier than the suspended sentence for the crime of larceny, the defendant committed the crime of confinement in this case by using the lost and excessive value, which is dangerous things, and preparing excessive amount of money, etc. The victim C committed the crime of assault in this case repeatedly for three months, and the defendant committed the crime of attacking and attempted assault in this case with multiple accomplices. The crime of fraud in this case committed the crime of assault in this case systematically with multiple accomplices, and the substantial damage was transferred to a large number of subscribers, which is disadvantageous to the defendant.

In full view of the above circumstances and the court below sentenced one year of imprisonment with prison labor, which is the lowest sentence of the punishment, and there is no special change in circumstances that the above punishment is to be changed in the trial, and the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive and circumstance of the crime of this case, means and result, circumstances after the crime of this case, criminal records and family relations, etc., the punishment of the court below is proper, and it is not recognized that the defendant's assertion is unreasonable, since it is not justified.

3. Conclusion, the defendant.