logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.04 2020노3449
감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Summary of Grounds for Appeal

A. The punishment of the lower court (the fine of KRW 20 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant recognized the instant crime.

In agreement with all victims, the victims do not want to punish the defendant.

However, even though the defendant had been punished several times for fraud or violence, he again committed the crime of this case.

In particular, the crime of fraud among the crimes in this case committed is committed by the defendant who was sentenced to criminal punishment for the same kind of offense and committed two months after the parole.

The crime of confinement and bodily injury among the crimes of this case is very poor in light of the details of the crime and the attitude of the act.

The victim of the crime of confinement and the crime of bodily injury have promised to receive the agreed amount from the defendant and expressed his intention not to punish him, but the defendant did not pay all the agreed money.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

3. As a result, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again

( long as the judgment of the court below is accepted by the prosecutor and the judgment of the court below is reversed, the defendant's appeal shall not be dismissed in its disposition). [The reasons for the judgment of the court below] The criminal facts and summary of evidence recognized by the court and summary of evidence are stated in each corresponding column of the judgment of the court below, with the exception that the following criminal records are added to "the summary of evidence" and "1. Criminal history records inquiry and investigation report (verification of a suspect's repeated crime)" are added to "the summary of evidence."

arrow