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(영문) 광주지방법원 2019.10.31 2019노634
감금등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, two years of probation) is too uneased and unreasonable;

2. Determination of the facts that the crime of this case is not good, and that the defendant did not agree with the victim is disadvantageous to the defendant.

On the other hand, there are favorable circumstances such as the fact that the defendant seems to reflect his mistake, and that the defendant is the first offender who has no criminal power.

In addition, comprehensively taking account of the sentencing balance with the same crime, the background of the crime in this case, the circumstances after the crime was committed, the age, character and conduct, and environment of the defendant, etc. as well as the various sentencing conditions shown in the records and arguments, the prosecutor’s assertion is without merit, since the court below’s punishment is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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