2012No697 Confinement, Bodily Injury

A person shall be appointed.

Prosecutor

Kim Yong-I (Lawsuits) and Man-Im (Trial)

Law Firm Won, Attorney Shin Jae-ju

Ulsan District Court Decision 2012Ma517 Decided October 18, 2012

February 8, 2013

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

In light of the overall circumstances of this case, the sentence (a fine of KRW 5 million) imposed by the court below on the defendant is too unhutiled and unfair.

2. Determination

In light of the facts that the crime of confinement in this case is not somewhat weak, and there are unfavorable circumstances such as the Defendant’s failure to obtain a license from the victim, but the Defendant appears to result in the crime of confinement in this case for the treatment of the victim, who is the spouse suffering from neology, etc., there are some extenuating circumstances in terms of the circumstances of the crime; there is no history of punishment for the Defendant for the same kind of crime; there is no history of suspension of qualification or more punishment for the Defendant; mediation has been completed by the Defendant and the victim against divorce during a lawsuit for divorce; and other all kinds of sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the prosecutor’s assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Justices Kim Dong-young

Judges Kim Sung-sik

Judges Epicked Syle and unable to sign and seal

The presiding judge