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(영문) 광주고등법원 2020.09.10 2020노212

감금등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below is too unreasonable.

2. The instant crime committed by the Defendant is not a good crime because the Defendant detained the victim D, who is a juvenile, by force, committed indecent act by force, and attacked and threatened the victim I who was in a personal relationship.

It seems that victims have suffered considerable mental impulse and pain.

The defendant has been sentenced to a suspended sentence of imprisonment two times for violent crimes.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant has become in this court, and the defendant has recognized all the errors including the crime against the victim D, and shows that they are divided.

The defendant does not focus on the type of force or indecent act exercised by the defendant against the victim D, but only 40,000 won in total by the victim I.

The defendant agreed with the victims in this court, and the victims have no longer been punished.

Such circumstances are favorable to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, the circumstances after the crime, etc., the sentencing of the court below is considered to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment of the court below in addition to adding "legal statement made by the defendant in this court" to "a summary of evidence" of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;