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(영문) 광주고등법원 (제주) 2020.01.29 2019노113
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair) points out that the defendant recognized the crime and reflects on the defendant, and the defendant committed the crime in the past while the victim, who had been given birth to her son while entering the Republic of Korea to see the mind of the victim who was able to contact with her in order to contact with her in order to prevent the crime of this case in a contingent manner by giving an appraisal to her son while entering the Republic of Korea. The victim and the victim agreed smoothly with the victim, and the victim do not want the punishment against the defendant, and there is a family member to support the defendant in China, the sentence of the court below (three years and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed by inducing the victim, who was one of the previous years with the victim himself/herself, to a hotel for five hours, and is confined for five hours. The victim, who was detained, demanded money and valuables from the victim several times, forced the victim to b,00,000 won in total from the victim, and led the victim to an injury. The crime of this case is very poor in light of the contents of the crime and the method of the crime.

The victim seems to have suffered considerable physical and mental shock and pain due to the crime of this case.

In addition, considering all the sentencing conditions in the records and arguments of the instant case including the background, content, means and result of the instant crime, the situation after the crime was committed, the age, character and conduct of the Defendant, and the environment, the lower court’s sentence against the Defendant is unreasonable.

(The circumstances alleged by the Defendant as the reasons for appeal are deemed to have already been considered in the sentencing of the lower court, and no new sentencing materials have been submitted to the extent that the lower court’s sentence was reversed in the trial). Accordingly, the above argument by the Defendant is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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