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(영문) 부산고등법원 2016.07.20 2016노318
폭력행위등처벌에관한법률위반(공동감금)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court’s sentence against the Defendant on the summary of the grounds for appeal (three years of imprisonment, etc.) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected in depth of his mistake.

However, the crime of this case was committed by the Defendant for the crime of robbery and rape in the course of confinement after the Defendant was arrested the victim in a planned manner, and the nature of the crime was extremely poor in light of the criminal history and the contents of the crime; the crime of this case was committed with serious mental impulses and pains by the victim, but the Defendant did not receive a letter from the victim up to now; the Defendant had been sentenced to punishment for sexual assault around 2008; the Defendant committed the crime of this case during the period of repeated crime due to the Defendant’s violation of the Punishment of Violences, etc. Act (joint attack), and other various sentencing conditions as shown in the argument of this case, such as the Defendant’s age, sex behavior, family relationship, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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

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