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(영문) 부산고등법원 2018.10.17 2018노310

감금등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution against the assault against the victim E among the facts charged in the instant case, and convicted the remainder of the facts charged.

Accordingly, only the Defendant appealed against the guilty portion of the judgment below, and the prosecutor did not appeal the dismissed portion of the above prosecution and the dismissed portion of the above prosecution became final and conclusive separately.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The decision of the court below on the summary of the reasons for appeal (nine months of imprisonment) is too unreasonable.

3. The Defendant is making a confession of all of the instant crimes.

In the court below's decision, the victim E was fully agreed with, and the victim H was finally agreed to.

Before committing the instant crime, there is no specific criminal punishment except for fines imposed once by fine.

The principle of equity shall be taken into consideration when a judgment is rendered simultaneously with fraud, etc.

However, the defendant assaults and confiness victims and forcibly takes money to commit the crime, and the responsibility for the crime is heavy.

Punishment sentenced by the court below is limited to the maximum punishment by law.

In full view of all the sentencing conditions shown in the records and arguments of this case including the Defendant’s age, sex, state of health, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, even though considering the circumstances favorable to the Defendant that the Defendant had agreed smoothly with the victim H when the crime was committed, the sentence imposed by the lower court is too heavy, even if considering the circumstances favorable to the Defendant that the Defendant had agreed smoothly with the victim H.

It does not seem that it does not appear.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.