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(영문) 대구고등법원 2017.04.13 2016노574
폭력행위등처벌에관한법률위반(공동강요)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) sentenced by the court below is too unreasonable in light of the various sentencing conditions in the instant case’s summary of the grounds for appeal.

2. Examining the various sentencing conditions in the instant case, the fact that the Defendant agreed with the victim that the injured party does not want the punishment of the Defendant, and the crime of the instant case is committed before the Defendant received a final and conclusive judgment due to the attempted murder, etc., and ought to consider equity in the case where the final and conclusive judgment is rendered simultaneously with the final and conclusive judgment.

On the other hand, each of the crimes of this case committed by the defendant, who was under confinement as if the defendant was organized violence, forced the victim to drink hens' eggs sn's eggs or chickens bucks, etc., which were remaining after drinking as he was under confinement, and caused bucks to the victim's bucks using clothes. The defendant's living under confinement without being aware of the fact that the above crime is not good and the quality of the crime is created within the confinement room, and in particular, it seems that the defendant's drinking of food remaining after drinking would cause difficult pain and humiliation to the victim with mental and physical pain, and the victim seems to have continued to have caused bullying, such as humiliation and verbal abuse, etc., which is disadvantageous to the defendant.

As above, in full consideration of all the sentencing conditions indicated in the records and theories of the instant case, including the Defendant’s age, age, sexual conduct and environment, motive and background of the crime, and circumstances before and after the crime, etc., which are favorable or unfavorable to the Defendant, and the lower court appears to have sentenced the Defendant for six months in consideration of these sentencing conditions, and even if there are no special circumstances or changes in circumstances that may reduce the sentence of the lower court in the first instance trial, the sentence imposed by the lower court is within the proper scope of punishment according to the Defendant’s criminal liability.

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