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(영문) 부산고등법원 2016.11.09 2016노606

중감금치상등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The court below dismissed the prosecution of assault among the facts charged in this case and convicted the remainder of the facts charged.

However, since the defendant and the prosecutor appealed only the guilty portion of the judgment of the court below and did not appeal the dismissed portion, the dismissed portion of the judgment of the court below was separated and finalized, and only the guilty portion of the judgment of the court below is subject to the

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) At the time of the instant case, the Defendant was in a situation where the Defendant could sufficiently leave the Defendant’s residence by drinking alcohol or drinking alcohol; (b) the Defendant did not arrest the victim; and (c) with regard to the injury caused by indecent act by compulsion against the Defendant by compulsion against the Defendant, the Defendant was only moving the victim to the restaurant room at the entrance of the Defendant, such as the Defendant, and there was no fact that the Defendant was indecent act by compulsion against the Defendant. (b) The sentence of the lower court’s sentence (two years and six months of imprisonment, etc.) against the Defendant on unreasonable sentencing is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

3. Determination

A. 1) According to the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the victim’s statement can be made reliable, and the fact that the Defendant harshly abused the victim and detained the victim is acknowledged as stated in this part of the judgment.

(1) The victim stated the following as to the situation at the time of damage.

① In other words, the Defendant, returning home at around 22:0 on the day of the instant case, cut off his clothes, and her face and face by drinking and sprinking up to the next new wall.