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(영문) 부산고등법원 2016.09.21 2016노394
감금치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, etc.) is too unreasonable.

2. The judgment of the court below revealed that the defendant committed each of the crimes of this case against the defendant, and there is no record of punishment exceeding a fine after around 2004. However, each of the crimes of this case was committed against the victim who had a relationship with the defendant, by combining property crimes, such as embezzlement, robbery, night intrusion theft, etc., by using a camera installed on a mobile phone, taken the victim's body photograph, etc., the victim suffered bodily harm after confinement of the victim, by carrying the victim with a lethal weapon for the purpose of retaliation, and rape the victim. Since long, the crime was committed by the defendant with a deadly weapon for the purpose of retaliation, in light of the circumstances and contents of the total crime, and the risk of a deadly weapon for arrest, etc., the crime was committed significantly poor and serious, and even after the crime was committed, the defendant did not have any mental harm to the victim by committing the crime of this case, such as embezzlement, robbery, etc., and the degree of punishment of the victim, and how the defendant did not have any mental harm after the crime of this case.

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