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(영문) 부산고등법원 (창원) 2019.07.17 2019노136
감금치상등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The following are the circumstances: (a) the Defendant recognized each of the crimes in this case as committing each of the crimes in this case; (b) the Defendant did not want the Defendant’s punishment by mutual consent with the victim F; and (c) the loan holder appears to have paid the principal and interest of the loan to the victim R Bank Co., Ltd. up to now without delay.

On the other hand, each of the crimes of this case committed by the defendant in collusion with multiple accomplices demanding that the victim F be "working loan", but the victim did not comply with it properly, detained the victim two times in the process, and made the victim do not have any obligation to prepare by taking advantage of the vehicle from the victim and threatening the victim. Furthermore, the crime of this case was committed by forging and using a certificate of employment, by taking advantage of the content and circumstances of the crime, the degree of damage, etc., and the fact that the victim F would have suffered serious physical and mental pain due to each of the crimes of this case is disadvantageous to the defendant.

The above circumstances and the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the argument of this case, such as the motive, means and consequence of the crime of this case, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court's sentencing committee (one year to five months) [the scope of recommending punishment] under the aggravated area (one year and six months to three years) (the person who is specially mitigated) (the person who is specially mitigated) shall be sentenced to the aggravated area (one year and six months) (one year and three years), in a case where the degree of arrest and detention is serious (the scope of recommending punishment).

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