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(영문) 대전지방법원 2015.02.12 2014노3454

폭력행위등처벌에관한법률위반(공동감금)등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, for ten months, and for five months, for Defendant C.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, ten months of imprisonment, and five months of imprisonment) is too unreasonable.

2. The crime of this case is found to be not good in view of the contents and form of the crime, although the defendants conspired to commit the crime of this case in collusion with the defendants who had been living outside of the scope of sexual traffic and had been living as a supporting organization for women in sexual traffic, and the defendant A and B committed the injury to the victim during confinement, the crime of this case is acknowledged to not be good in light of the contents and form of the crime. However, the defendants recognized all the facts of the crime in the judgment of the court, and there is a misunderstanding of wrong facts. After the defendants deposited certain money to the victim in the judgment of the court below, the defendants expressed their intention not to have the victim punished by mutual agreement with the victim. In light of the degree of the defendants' participation, role, role, criminal record, age, character and conduct, environment, motive, means and result, etc. of the crime of this case, the defendant's punishment of the court below is too unreasonable. Thus, the defendants' assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Articles 2(2) and 2(1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement) and Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury) and each imprisonment with prison labor.