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(영문) 서울고등법원 2018.08.16 2018노1338
감금치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak inasmuch as the Defendant, at the time of committing the instant crime, had a bruptly committed a crime in a state of drinking and drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the argument of mental and physical weakness, the victim stated in the court of the court below that "the defendant and the victim all of the defendant and the victim at the time of the instant case drink, but the defendant does not take a part in total because of the last century" (the trial record 126 pages), and the defendant also stated in the prosecutor that "the defendant stated to the effect that "at the time of the instant case, he drinks not less than three illness on the day of the instant case, but all of the circumstances occur because he takes part in the usual amount of drinking," (Evidence No. 391 page of evidence record)," and even according to the facts charged, even after the first assault against the victim, the victim re-draws and drinks again, and the defendant has made a concrete statement on the situation at the time of the instant case (the circumstance that the defendant and the victim wndddd the victim and the scene at the time of the instant case, the circumstance that the defendant had the ability to change things at the time of each of the instant crime.

It is difficult to see it.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful assertion of sentencing, the lower court sentenced the above sentence to the Defendant on account of the fact that the sentencing as indicated in its reasoning was in mind, and, in particular, the Defendant committed the instant crime in a contingent and contingent manner, and the victim did not want the Defendant’s punishment, etc., has already been determined in the lower court and fully considered the sentence.

In these circumstances, the Defendant is arguing with the victim similar to the instant case.

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