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(영문) 서울중앙지방법원 2016.11.18 2016노3352

감금등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment by the court of first instance (one year and four months of imprisonment) shall be excessively unreasonable;

2. A list of crimes committed in the first instance judgment by misrepresenting the defendant himself/herself, in addition to the circumstances of sentencing appropriately explained by the first instance court, there is no evidence to deem otherwise to have taken measures to recover damage, and a list of crimes committed in the first instance judgment by misrepresenting the defendant

1. Serial;

3. In full view of the following circumstances: (a) the Defendant’s age, character and behavior, career, home environment, motive and means of crime, and the circumstances after committing a crime, etc., which appear to have been well known; (b) the degree of participation cannot be deemed to be light; and (c) there is no special circumstance to mitigate the punishment of the first instance after the first instance judgment; and (d) the Defendant’s age, character and behavior, career, home environment, motive and means of crime, and the circumstances after committing a crime, the first instance sentence cannot be deemed to have been excessively unreasonable.

Therefore, the defendant's assertion is not accepted.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.