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(영문) 대구지방법원 2019.02.15 2018노4847
중감금등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized all of the crimes of this case and repented his mistake is favorable to the defendant.

On the other hand, each of the crimes of this case is that the defendant detained the victim for about 8 hours and 30 minutes, while committing a cruel act and inflicting an injury on a dangerous object. The nature of the crime is very bad and bad, and the defendant committed each of the crimes of this case without being aware of the record of juvenile protective disposition and criminal punishment over several times due to violent crimes, etc., and committed each of the crimes of this case in the period of repeated crime due to the same crime. The degree of the injury of the victim identified by photographs is not so unfied, the degree of the injury of the victim does not seem to be severe, and it appears that the victim suffered serious mental shock, and that it is not agreed with the victim, etc.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, etc. of the Defendant, are taken into account, the sentence of the lower court is too unreasonable.

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

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