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(영문) 창원지방법원 2013.12.19 2013노1980
폭력행위등처벌에관한법률위반(공동감금)등
Text

Defendant

C All appeals filed by the Defendants by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendants (Defendant A and B: one year and eight months of suspended execution, three years of each community service order, 120 hours of each community service order, Defendant C: one year and six months of imprisonment) is deemed to be too uneasy and unfair.

B. The punishment sentenced by the lower court against Defendant C is too unreasonable.

2. We examine the Defendant C and the Prosecutor’s assertion of unfair sentencing.

The Defendants, as members of the "Nwave" which is a smuggling violence organization, caused the crimes of this case to be committed several times in order to join the victim'sO and P as an organization. Defendant C under the direction of V and was placed in V who was in a smuggling after being detained by the victim AD and AE by force due to escape from Kim Sea, and detained the victim AD and AE by force. During that process, Defendant A in collusion with F and assaulted the victim AD and AE, and Defendant A appeared to be a witness of Changwon District Court 2013Mo392 case, and Defendant A appeared to have been threatened by BF and the police and the prosecution made a proper statement that there was a threat from BF, but Defendant C stated to the effect that the police and the prosecutor stated that the statement made by the police and the prosecutor was erroneous, and thus, Defendant C did not violate the Act on the Punishment of Violences, etc. of Violence, etc. Act, and the Punishment of Violences, etc. Act (the Punishment of Violences, etc. Act, the Punishment of Violences, etc.) and the same Act (the Punishment of Violences, etc.).). of Defendants.

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