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(영문) 서울북부지방법원 2018.05.04 2018노495
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor and the defendant (unfair sentencing) by the court below (one year of imprisonment) is too minor or unreasonable.

2. We also examine the prosecutor and the defendant's respective grounds for appeal and the defendant's improper grounds for sentencing.

The defendant recognizes the crime in the trial, and repents his mistake.

The mother of the defendant deposited 300,000 won in order to pay the victim's damage in the trial.

On the other hand, the crime of this case is a case where the defendant was subject to criminal punishment due to the victim's statement, and the victim was detained for 19 days after the defendant was released from the military court, and the victim was detained for work at the construction site, and the victim was acquired on behalf of the daily day.

Considering the motive and background of the crime, the period of confinement, and the degree of restriction on the freedom of the victim, etc., the nature of the crime of this case is very good.

The crime of this case is committed within the period of repeated crime due to the crime of this case.

The defendant was unable to receive an accusation from the injured person up to the trial of the party.

In full view of all other circumstances, including the Defendant’s age, sex, criminal record, environment, and circumstances after the crime, etc., the lower court’s sentence against the Defendant does not seem to be too weak or unreasonable. As such, the prosecutor’s and the Defendant’s above assertion are without merit.

3. In conclusion, each appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit. It is so decided as per Disposition.

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