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(영문) 서울고등법원 (춘천) 2020.01.22 2019노188
특수감금치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal by the Defendant (unfair form of punishment) has withdrawn his/her argument to the effect of mental disorder on the second trial date of the trial.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant committed each of the crimes of this case including the bodily injury resulting from special confinement in the course of attempting to contact with the victim who refused to meet South Korea continuously. The crime's nature is not less and less severe, the victim seems to have been faced with extreme anxiety and fears for a long time due to the defendant's emergency arrest and violence, and the victim was under protection of the police through smart grids, and the defendant had been punished for multiple violent crimes including one sentence of punishment.

However, considering the following factors: (a) the Defendant made confessions and reflects on all the facts constituting an offense when the Defendant was in the trial; (b) the Defendant made an agreement with the victim in the trial of the party; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (d) other factors of sentencing as shown in the proceedings of the instant pleading, it appears that the lower court’s punishment is

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is

[Discied Judgment] The criminal facts recognized by this court as a criminal history are the same as the criminal facts of the judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

【2019Gohap53】

1. The defendant's oral statement in court;

1. The original legal statement of witness B in the court below

1. A detailed statement on handling 112 reported cases;

1. Medical certificate (Evidence No. 18);

1. Blue and photograph of the kitchen, and photograph of the damaged kitchen;

1. Each of the video CDs in the original trial on January 1, 2001.

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