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(영문) 부산지방법원 2017.04.13 2016노1414
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A Imprisonment with prison labor for one year, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants A and B (Defendant A: one year of imprisonment and two years of suspended execution, 160 hours of community service order, Defendant B: one year of imprisonment and one year of suspended execution, two years of suspended execution, fine 2 million won of community service order, and 160 hours of community service order) are too unreasonable.

B. Each of the lower court’s punishments against the above Defendants by the prosecutor and the lower court’s punishment against Defendant C (a prison term of six months, a suspended sentence of two years, and a fine of one million won) is deemed to be too uneased and unreasonable.

2. Determination

A. The crime of this case committed by Defendant A and B by lending KRW 20,000 to the victim with money for gambling and opening a b0,000,000 won, which was unfavorable to the Defendants, such as Defendant A and B, detained the victim, causing the victim to injure the victim, making the victim prepare a loan certificate, and carrying a dangerous object, and detained the victim by carrying the dangerous object. In light of the background of the crime, method and content of the crime, the Defendants’ criminal liability is grave.

However, in light of the fact that the Defendants led to the confession of the crime of this case in depth, the Defendants did not want to punish the Defendants, the Defendants did not want to have any criminal history exceeding the fine, and according to each employment certificate submitted by the Defendants in the trial, the Defendants appears to have been employed in a new workplace and live faithfully, and other circumstances that are the conditions for sentencing specified in the arguments of this case, such as the Defendants’ age, sexual behavior, environment, etc., are considered, as alleged by the prosecutor, the lower court’s punishment against the Defendants is too uneasible and unreasonable, and rather, it is recognized that the Defendants are too unfair.

B. The Defendant C’s crime of this case committed by the Defendant C was committed on the ground that the victimized person was booming on the ground that the injured person had stuffed, and detained the injured person by jointly carrying dangerous objects. The details of the case are as follows.

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