(영문) 광주지방법원 2017.01.31 2016노1298 | 리걸엔진

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(영문) 광주지방법원 2017.01.31 2016노1298

폭력행위등처벌에관한법률위반(공동존속감금)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence of the court below (the fine of two million won for each of the defendant A, D: the fine of three million won for each of the defendant B, and C: the fine of one million won for each of the defendant E) is too unreasonable.

2. The judgment of the defendant B, C, and D are the first offender with no criminal history, and the defendant A and E have no record of being punished for the same kind of crime.

However, as the court below properly explained on the reason of sentencing, the defendants forced the defendants to open the door for 69 hours or more and forced the defendant to do so while under confinement, and the victim was injured by the victim in the course of committing the crime. Since the victim seems to have sworn considerable fear of fear, the case is not easy.

In addition, the victim still remains punished for the defendants without restoring family relations.

In addition, if one of the Defendants committed the instant crime, it seems that there was a part of the issue of allocating the inherited property with the victim (a record submitted by the injured party to an investigation agency was in a serious conflict of relationship, such as Defendant C’s her mother’s not obsessing the victim, etc. according to the record submitted by the injured party to the investigation agency), no change exists in the sentencing conditions at the

In addition, the lower court’s punishment is only within the reasonable scope of discretion and is not recognized as unfair because it is too unreasonable, in full view of various circumstances that may serve as the conditions for sentencing, such as the age, sex, environment, and circumstances after the crime.

Therefore, the Defendants’ assertion is difficult to accept.

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

유사 판례

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