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(영문) 광주고등법원 2014.11.06 2014노309
준사기등
Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of eight months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant used the status of the victim who was employed by his father with his own mind in the salt farm operated by his father, and did not pay the minimum wage to the victim as salted from 2001 to January 2013.

However, it is reasonable for the defendant to be aware that all of the crimes in this case were led to confession and reflect, that it is difficult for the defendant to hold the responsibility of the victim to be in a state of mental and physical disorder and that it is difficult to view that the defendant used the above state actively and dynamicly, and that the defendant did not commit any act of directly infringing on human dignity and value, such as betata and confinement, even though he committed the crime in this case, and that the victim has an intelligence index reached 108 and has an academic background graduated from high school, so it is distinguishable from the victims in other salt farm cases. The defendant agreed with the victim in the original trial, and the defendant was detained for seven months from the date of the sentence in this case, and the execution of the sentence in fact is almost completed.

Considering the above grounds for sentencing and other circumstances revealed in the arguments in the instant case, including the Defendant’s age, character and conduct, family relationship, environment, background and degree of crime, and circumstances after the commission of the Supreme Court’s sentencing, etc., it is recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the part of the judgment below excluding the application for compensation order among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed and the following is ruled again through pleading

Criminal facts

The judgment of the court below on the facts charged and the summary of evidence recognized by this court.

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