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(영문) 서울남부지방법원 2015.05.14 2015노299

감금등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant is not against the truth; (b) the nature of the offense is very poor; (c) the risk of repeating a crime exists; and (d) the victim only did not want the Defendant’s punishment at the fear of fear; and (b) the Defendant did not recover from the damage.

2. In full view of the following circumstances: (a) the Defendant did not have any particular criminal history except for a family protective disposition by assault in around 2009; (b) the victim did not have any injury due to the instant crime; (c) the victim does not want to punish the Defendant; and (d) the Defendant’s access to the victim after the instant crime is not confirmed; and (c) the circumstances leading up to each of the instant crimes and motive, method and means of crime; (d) the circumstances following the instant crime; and (e) the Defendant’s age and environment; and (e) other circumstances that form the condition for sentencing as indicated in the instant records and arguments, such as the background and motive leading up to the instant crime; (e) the Defendant’s age

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