폭력행위등처벌에관한법률위반(공동감금)
All appeals filed by prosecutors and Defendant A shall be dismissed.
1. Summary of grounds for appeal;
A. Each sentence (a fine of KRW 7 million is imposed on Defendants A, and a fine of KRW 5 million is imposed on Defendants C) of the lower court against the Defendants is deemed to be too uneasible and unfair.
B. The sentence imposed by the lower court against Defendant A is too unreasonable.
2. Determination
A. According to the records of this case, Defendant A’s failure to submit the appellate brief, the Defendant did not submit the appellate brief even after receiving the notification of the receipt of the trial record from this court, and did not include the grounds for appeal in the petition of appeal, and even after examining the lower judgment, the grounds for ex officio investigation cannot be found.
B. We also examine the prosecutor’s assertion of unfair sentencing on the prosecutor’s assertion of unfair sentencing.
In light of the details and methods of the crime of this case, it is very poor that the crime of this case was committed, Defendant A did not know even though he had been under the suspension of execution due to the same crime, Defendant C was also sentenced to the suspension of execution due to the same crime of this case, and again led to the crime of this case of this case in which the period of the suspension of execution has expired, and Defendants had the records of being processed as multiple juvenile protection cases as the same crime of this case.
However, it is favorable to the Defendants for each of the following reasons: (a) the Defendants recognized the mistake and reflected; (b) the victims and agreed smoothly; (c) the victim K’s injury is relatively minor; and (d) Defendant A’s use of the victim H, L, and M did not have any time to limit the confinement of the victim H, L, and M.
In full view of such circumstances as above, the sentence of punishment to the Defendants is harsh, considering the following circumstances, such as the relationship between the Defendants, other ages, character and conduct, family relations, motive and means of the crime, and the circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments.