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(영문) 서울고등법원 2016.03.24 2015노3400
중감금치상등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the status of Defendant A’s organization of the instant sexual traffic, the degree of perception of the situation at the time when Defendant B assaulted the victim R on May 2015, the Defendant A’s conspiracy against the crime causing bodily injury resulting from confinement can be acknowledged.

Nevertheless, the judgment of the court below which acquitted the defendant on the injury caused by confinement among the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court to the Defendants (Defendant B: imprisonment of 7 years; imprisonment of 80 hours; imprisonment of 25,800,000 won; imprisonment of 5 years; imprisonment of 80 hours; imprisonment of 16,80,000 won; imprisonment of 16,80,000 won; imprisonment of 3 years; suspension of execution of 4 years; observation of protection; social service hours of 200 hours) is too unfford and unreasonable.

B. The punishment sentenced by the lower court against the Defendants B and A is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal with respect to Defendant C, the Prosecutor applied for changes in the name of the crime against Defendant C’s violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the trial of the party, to “special injury”, and the applicable provisions of the law “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” in “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act.” Since this court changed the subject of the judgment by permitting this, the part of the judgment below against Defendant C cannot be maintained as it is.

B. 1) Determination of the Prosecutor’s assertion of mistake as to the grounds for appeal (the part not guilty against Defendant A) is based on the evidence submitted by the Prosecutor regarding the fact that the Defendant was injured by confinement among the facts charged in the instant case against Defendant A.

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