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(영문) 수원지방법원 2014.07.17 2014노110

폭력행위등처벌에관한법률위반(공동감금)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant’s judgment on the assertion of unfair sentencing by the prosecutor has been sentenced to a suspended sentence of three years on the grounds of the crime of acquiring stolen goods in 2004, which was sentenced to a suspended sentence of one year and six months. The instant crime was committed by the Defendant by detaininging the victim and assaulting him on the wall, and, in light of the criminal intent and method of the crime, disadvantageous circumstances, such as the fact that the Defendant recognized the Defendant’s criminal act, and the fact that the Defendant agreed to deposit a certain amount for the victim and agreed to the victim, and other favorable circumstances, including the Defendant’s age, character and behavior, environment, circumstances, and circumstances before and after the crime, etc., it cannot be said that the sentence (a prison term of one year, a suspended sentence of two years, a community service order of 80 hours, a confiscation) imposed by the lower court is unreasonable because it is too unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.