특수감금치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
One knife (No. 2), cablel.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the court below is too unreasonable.
2. The facts that the instant crime was committed in light of the applicable method and content, etc., and that the Defendant had been sentenced to severe punishment for rape by placing a female victim who had no common sense even before, but has been sentenced to severe punishment for the crime of rape, are disadvantageous to the Defendant, such as the fact that there is a high possibility of misunderstanding the instant crime committed against a female victim who has no common sense during the period of repeated offense.
However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime and reflects his mistake, and that the victim was in the judgment of the court, and that the defendant recovered five million won deposited by the defendant for the victim, while the defendant was paid an additional eight million won from the defendant, and expressed his intention not to punish the defendant, and that the family members of the defendant wanted the defendant's prior wife to the defendant.
In full view of the aforementioned circumstances and the circumstances, including the Defendant’s age, character and conduct, family relation, environment, motive and background of the offense, the means and consequence of the offense, and the circumstances after the commission of the offense, the sentence imposed by the lower court is unreasonable.
Therefore, the defendant's argument on unfair sentencing is justified.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Article 281(1) (main sentence), Articles 278 and 276(1) of the Criminal Act concerning the facts constituting an offense