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(영문) 대구지방법원 2018.09.14 2018노2713
감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. The Defendant had the record of having been punished several times for the same crime, and the Defendant committed the instant crime under the influence of alcohol during the period of repeated crime, and the use of violent violence under the influence of alcohol is considered to assault her mother and her mother. Therefore, it is necessary to isolate from these crimes for a certain period of time.

The type of the defendant is also poor, such as assaulting other prisoners during a prison term, being subject to a disposition of 15 days in prison.

However, the mother of the defendant Eul does not want the punishment of the defendant, and the victim C, the female mother of the defendant, expressed that the defendant does not want the punishment of the defendant.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant'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 defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260(1) of the relevant Act on the criminal facts (the point of violence), Article 276(1) of the Criminal Act (the point of confinement), Articles 284 and 283(2) of the Criminal Act (the point of special intimidation), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation), Article 366 of the Criminal Act (the point of special intimidation), Article 257(1) of the Criminal Act (the point of damage), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties)

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (the crime of injury as indicated in the judgment and the crime of interference with the execution of official duties).

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