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(영문) 부산고등법원 (창원) 2013.12.27 2013노378

미성년자약취등

Text

All appeals filed by a prosecutor and the defendant and the person requested to attach an attachment order shall be dismissed.

The request for the attachment order of this case is dismissed.

Reasons

1. With respect to the punishment sentenced by the first instance court (two years of imprisonment), the prosecutor asserts that the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") are too unreasonable because the prosecutor is too uneasible.

2. The judgment on the part of the defendant's case shows the attitude of reflecting the depth of the defendant's crime of this case, among victims of larceny, D and J did not want to punish the defendant, the degree of damage caused by the larceny and the attack is not heavy, the defendant is a person with intellectual disability 2nd degree, and the defendant was sentenced to a fine of two million won due to larceny, and there is no criminal power such as the abduction of minors.

On the other hand, the defendant not only committed the theft by himself but also committed the larceny, but also committed the theft of another person's property by making the victim L and 11 years old, 8 years old, and 11 years old, and by allowing other persons to take away from them for at least two days, and the nature of the crime is very poor. In particular, it is recognized that the mental impulse suffered by family members, such as kidnapping the victim L and M, and reporting their disappearance, are very heavy and socially dangerous, and that there is a very great social risk, and that it has not been taken from the victims of the abduction of the minor.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in the arguments, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too light or unreasonable.

Therefore, prosecutor's and defendant's arguments are without merit.

3. Judgment on the part of the case for which the attachment order is requested (request in the trial);

A. A prosecutor’s summary of the request for an attachment order, and the Defendant is in the external Dong of Kimhae around 14:00 on June 5, 2013.