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(영문) 광주지방법원 2018.10.30 2018노2664

폭력행위등처벌에관한법률위반(공동감금)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the defendant was made in the first instance and recognized the crime of this case and reflects it, and the fact that the defendant does not have the same criminal record is favorable.

However, the Defendant, in collaboration with A, confined victims E who refuse to join a violent organization, and subject them to the following bath and intimidation, and when it is discovered to the police, the Defendant is a bad character of the crime by forging and submitting a written statement while driving friendlyly with the police.

Until the trial of the party, the defendant was unable to receive a letter from the victim E of confinement until the trial of the party, and the U.S. did not recover the damage.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.