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(영문) 대구지방법원 2017.10.20 2017노3454
감금등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant committed each of the crimes of this case against the victims who are aged more and more severe than the defendant and physically handicapped, and committed the crimes with considerable violence accompanied by the transfer of criminal attitude, which seems that the victims and their families were suffering from considerable physical and mental pain, and that the degree of injury of the victims is serious is disadvantageous.

On the other hand, all of the crimes of this case are led to confessions and reflects, two times of suspension of indictment for the same crime, one time of juvenile protective disposition, but there is no record of criminal punishment other than this, and the fact that the victims have reached an agreement with the victims is favorable.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and all other circumstances revealed in the records and pleadings, the court below's punishment is too unfeasible and it seems unfair. Thus, the prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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