(영문) 인천지방법원 2016.08.19 2015노4715 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.08.19 2015노4715

폭력행위등처벌에관한법률위반(공동감금)등

Text

The judgment below

The guilty portion against the Defendants is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, although the defendants jointly recognized the fact that they detained the victim F in the underground parking lot and the automobile of the defendant A driving, the court below acquitted the defendants of this part of the charges, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence sentenced by the lower court to the Defendants (a fine of one million won per each) is too uneased and unfair.

2. Determination

A. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that acquitted the Defendants of this part of the facts charged is just and acceptable, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, as otherwise alleged by the prosecutor, as otherwise alleged by the court below.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

B. Sentencing is unfair in sentencing; Defendant A has a favorable condition for the Defendants, such as the fact that Defendant A recognized his mistake and reflects it; Defendant B agreed with the victim I. However, in the case of Defendant A, the nature of the crime is inferior in light of the form of assault; Defendant B’s damage is not less severe in the case of Defendant B; Defendant A committed the instant crime without being familiar with the probation period due to the crime of injury; Defendant A committed the instant crime; Defendant A had a record of criminal punishment several times for the same crime; and other factors of sentencing as indicated in the instant argument, such as the Defendants’ age, sex, sex, environment, motive, background, method, scale, means and consequence of the crime; and all of the factors of sentencing as indicated in the instant argument, including the circumstances after the crime, are inappropriate.

3. In conclusion, the prosecutor's appeal against the Defendants among the judgment below is with merit.

유사 판례

-대전지방법원 2014.02.06 2013노1341

-수원지방법원 2013.05.30 2012노5620

-대전지방법원 2013.10.31 2013노370

-대구지방법원 2020.10.16 2020노302

-서울남부지방법원 2014.07.17 2013노1420