감금치상등
Defendant
A Imprisonment for two years, Defendant B, and C shall be punished by imprisonment for one year, respectively.
(2) the date of this judgment.
In light of the fact that there is no agreement with the victim, Defendant A was the criminal records leading the crime and having been punished for the crime of violence several times, Defendant B had the same criminal records as Defendant B several times, and there is a past record of the suspended execution, the Defendants need to be punished with strict punishment.
However, inasmuch as the Defendants fully recognize and reflect the crime, the crime of coercion is committed, and the Defendant A does not have any criminal record exceeding the fine, etc., considering favorable circumstances, such as the motive, means and result of each of the instant crimes, the circumstances after the crime, the age of the Defendants, environment, and sexual conduct, the sentencing guidelines are not applicable.
The scope of punishment (not less than one year of imprisonment): The crime of causing bodily injury resulting from the arrest and confinement group, arrest and confinement, and injury, the basic area of the punishment, one year to two years of imprisonment, and the scope of the recommended punishment according to the standards for multiple crimes: imprisonment with prison labor for not less than one year (the relation between the crime of causing bodily injury on which the sentencing criteria are set and the attempted crime not to apply the guidelines for sentencing is related to the former part of Article 37 of the Criminal Act, and the lower limit is based on the criteria for sentencing for the crime of causing bodily injury on which the sentencing criteria are set), and the punishment shall be set as the same as the order.
2. In view of the fact that each of the instant crimes committed by Defendant C is considerably poor, as described in paragraph 1, and that there is no agreement with the victim, and that there was a history of criminal punishment several times, among which the Defendant had been subject to criminal punishment, there is a need to punish the Defendant with severe punishment.
However, the defendant's full recognition of and reflects on the crime, and the defendant's participation in the crime is significant considering that he was in charge of driving the vehicle only.
It is not visible that the crime of coercion is an attempted crime, and it is not a criminal record exceeding a fine.