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(영문) 대구지방법원 2018.08.24 2017노5220
폭력행위등처벌에관한법률위반(공동감금)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (two years of suspended execution, 160 hours of community service order, 2 years of suspended execution in October, and 160 hours of community service order, 160 hours of community service order, 2 years of suspended execution in October, and 160 hours of community service order) are too uneasible and unreasonable.

2. The instant crime committed by the Defendants attempted to manipulate the winnings of the E-sports competitions.

In the event of failure, there was a request for manipulation to satis

As the intermediate contacter demanded compensation for damages and detained, the nature of the crime is very bad, and the confinement time is very important for 19 hours, and it seems that the victims were not released by the police, and Defendant E is more likely to have been detained for a long time. Defendant E is an unfavorable condition against the Defendants that many people have been punished for the same kind of crime.

However, in full view of the following facts: (a) the Defendants reflect and oppose the instant crime; (b) Defendant A, B, and D did not have any previous conviction exceeding a fine; and (c) Defendant E should take into account the equity in the case of a judgment at the same time with the previous conviction in a single concurrent crime relationship after Article 37 of the Criminal Act; and (d) the Defendants’ age, sex, environment, family relationship, circumstances leading to the commission of the crime, means and consequence; and (b) all the sentencing conditions in the instant records and arguments, including the circumstances after the commission of the crime, are appropriate, and the sentencing judgment of the lower court exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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

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