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(영문) 대전고등법원 2019.02.01 2018노502
중감금치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months, and confiscation) of the judgment of the court below is too unreasonable.

2. The fact that the victim was detained for a longer time from 10 hours to 10 hours, the fact that the defendant was injured by golf loans, which are dangerous things, by the defendant during confinement, that the victim was forced to prepare, and the content thereof is reasonable, that the victim would pay a large amount of 1.2 billion won if the victim did not abide by the promise. The victim sent the victim’s E message, which would be able to live at the victim’s friendship. The fact that the victim would have suffered serious mental and physical pain during the crime, and that the victim did not know that he was his spouse, but did not know that he was his spouse, and that he used serious violence while putting the victim under confinement for a long time, without considering the previous and previous circumstances, is disadvantageous to the defendant.

However, the Defendant did not have the history of criminal punishment prior to the crime of this case, and shows the form of confessioning the entire crime and reflecting the depth thereof.

Furthermore, the victim expressed his intention not to want criminal punishment against the defendant, and the wife of the defendant, which was the motive for the crime of this case, also tried to make efforts to lead a smooth family life with the defendant again, and the defendant's wife is blick.

Considering such circumstances as the circumstances favorable to the defendant and the age, character and conduct, environment, method and circumstances of the crime, and circumstances shown in the records and arguments, the sentencing of the judgment below is considered to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

[The reasons for the judgment of multiple times] criminal facts and evidence.

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