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(영문) 대전지방법원 2017.09.28 2017노1672
감금등
Text

Part concerning Defendant F, C, and D in the judgment of the court below of the second instance shall be reversed.

Defendant

F.D shall be punished by imprisonment for up to four months;

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (as to the judgment of the court below of first instance)’s sentence against Defendant F (as to the amount of KRW 5 million) is too uneased and unfair.

B. Defendant F (with regard to the judgment of the court below No. 2), the sentence of the court below (6 months of imprisonment) is too unreasonable.

(c)

Defendant

A (with regard to the judgment of the court below of the second instance), the sentence of the court below (two years of suspended sentence in August) is too unreasonable.

(d)

Defendant

H (2) The sentence of the lower court (2 years of suspended sentence in October) is too unreasonable.

E. Defendant B (with regard to the judgment of the court below of the second instance), the sentence of the court below (two years of suspended sentence in August) is too unreasonable.

F. Defendant C (with regard to the judgment of the court below No. 2), the sentence of the court below (6 months of imprisonment) is too unreasonable.

G. Defendant D (the judgment of the court below No. 2) 1 is erroneous in the misapprehension of the legal principle and the misunderstanding of the facts, and the Defendant did not assault the victims, and even if the Defendant was aware of the victims, it constitutes a legitimate defense due to a passive act, which constitutes a legitimate defense.

However, since the court below recognized the defendant as a crime of violation of the Punishment of Violences, etc. Act (joint assault), the court below erred by misunderstanding the facts or by misunderstanding the legal principles on the defense of a political party, which affected the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. The lower court determined the Prosecutor’s appeal against Defendant F and the appeal against Defendant A, H, and B by taking into account the overall circumstances regarding the sentencing of the Defendants, and determined the punishment within a reasonable scope, and there is no circumstance to be newly considered in the trial. Thus, even considering the circumstances asserted by the Prosecutor and the Defendants on the grounds of the appeal, the lower court’s punishment is too weak or too unreasonable.

3. The organized violence crime against Defendant F and C’s appeal is limited to that committed.

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