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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Nos. 6 to 10, 12, and 12, respectively, of seized evidence.
Reasons
1. The sentence imposed by the lower court (five years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.
2. An ex officio judgment prosecutor filed an application for modification of an indictment with the name of the crime regarding the special confinement among the facts charged in the instant case as “special confinement”, and the applicable legal provision applies to “Article 278 and Article 277(1) of the Criminal Act,” and applied for modification of an indictment with the term “the judgment which re-written the facts charged” as “the facts charged in the instant case” as “the judgment which re-written the facts charged in the instant case,” and as the subject of the judgment was changed by permitting it, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as seen earlier, and the judgment below is ruled as follows through pleading.
【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are stated in each corresponding column of the judgment below except for the following portions, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Criminal facts of the lower judgment
2. A. Item (a) of Item (b) of the “Robbery injury and special confinement” was “abbbboroning and special confinement,” and the two through six pages 1 of the first half of the first half of the first half of the second half of the second half of the second half of the second half of the year, the Defendant took a 5.4 million won in return for the Defendant’s cruel act by attracting the victim by using a deadly weapon in collusion with P, Q, R, S, etc., and cutting the victim back the victim by force. In the process, the victim was in an influence of the treatment date.
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As to the defendant's assertion, not only assaulting and threatening the victim while kidnapping and detaininging the victim, but also the act of sealing the victim's hand and his hair into the tape by saving the victim's hand and hair into the tape is merely an act incidental to confinement.