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(영문) 울산지방법원 2014.06.13 2014노226

감금등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence of a fine of 4 million won imposed by the court below on the defendant is too unhued and unfair.

However, when the defendant living together with the victim for a considerable period of time has maintained a de facto marital relationship, there is a conflict of opinion in the situation where economic difficulties arise, and there is a conflict between the victim and others, and as the victim becomes aware of the fact that he/she associates with others, it leads to each of the crimes of this case by emotionally interesting the victim, the degree of injury to the victim is not excessive. Although the defendant and the victim did not reach an agreement, the defendant deposited KRW 10 million in the original court for the recovery of damage, the defendant settled the relation with the victim and gets home while living together with the victim, and comprehensively takes into account all the sentencing conditions, such as the defendant's age, family relation, criminal record, relationship, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the prosecutor's assertion of unfair sentencing is without merit.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.