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(영문) 서울고등법원 (춘천) 2015.10.12 2015노147
감금치상등
Text

The defendant's appeal is dismissed.

Costs of lawsuit 374,850 shall be borne by the defendant.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the original judgment (five years of imprisonment with labor for three years) is too unreasonable, but considering the favorable circumstances such as the degree of his own crime, the damage amount of property crime and the degree of injury, and the victim’s consent to the crime of violence in the past, and the victim did not want punishment, the defendant again committed the crime of this case even though he had been sentenced two times of imprisonment with prison labor for the crime of violence in the past, the crime of this case is deemed to have been committed again; the crime of this case and the crime of this case are both poor and bad; the crime of this case and the crime of this case are committed in the first trial date and the date of sentencing, even after being notified or notified of each lawful trial date, and the attitude of the court below going against the defendant’s age, character and behavior, environment, motive, circumstance, means and consequence of the crime, circumstances after the crime, etc., it is difficult to deem that the sentence of the original judgment is too unreasonable to be mitigated.

The defendant's ground of appeal cannot be accepted.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the litigation costs are 374,850 won (=7,100 won for delivery of original trial + 17,750 won for delivery of original trial + 350,00 won for a public defender) pursuant to Articles 191 (1) and 190 (1) of the same Act shall be decided as per Disposition by the defendant.

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