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(영문) 서울고등법원 2013.04.12 2013노206

특정범죄가중처벌등에관한법률위반(약취ㆍ유인)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (limited to three years of imprisonment, four years of suspended execution, four years of probation, and 120 hours of community service) is too unhued and unreasonable;

2. However, if the Defendant, who was in a de facto marital relationship, exercised violence against the victim D, who was only nine years of age, who was only a child in a de facto marital relationship, and C entices and confiness the above victim for the purpose of bullyinging the defect that C intends to be hedging with himself, the crime is inferior, and there is a record of criminal punishment against the Defendant due to violent crimes, etc., which are disadvantageous to the Defendant.

On the other hand, in the process of inducing and detaining a victim, the defendant did not engage in a cruel conduct, such as assault and intimidation, or did not do so for that period, and the criminal intent of the defendant appearing in the process of the crime in this case is relatively weak and partly fested, the defendant led to a confession of the crime in this case, and the victim and C have reached an agreement with the victim and C, and the victim do not want the punishment of the defendant (the materials to suspect the authenticity of the agreement do not appear in the record, but rather, in light of the victim and the ordinary human relationship between the victim and C, the authenticity of the agreement is recognized), and there is a will to correct the defendant, such as receiving mental treatment after release, etc.

In addition, considering comprehensively the conditions of sentencing, such as the Defendant’s health, age, economic conditions, character and conduct, environment, motive and means of crime, and consequences, the sentence imposed by the court below is reasonable, and it is not determined that the sentence imposed by the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.