logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.11.22 2018노1104
폭력행위등처벌에관한법률위반(공동감금)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The sentence imposed by the lower court (five million won in penalty) against the Defendant, which was unfair in sentencing, is too uneasy and unreasonable.

2. In light of the fact that the Defendant, for the purpose of raising money, detained the victim for ten (10) days in consideration of the nature and circumstances of the crime and the poor without any further commission of the crime, and the Defendant had already been sentenced to a fine due to the crime of assault, etc., it is reasonable to hold the Defendant liable for strict legal liability corresponding to the act.

However, in consideration of the fact that all the defendants recognize the crime of this case, the defendant's agreement with the victim that the victim does not want the punishment against the defendant, and above all, the joint defendant A, who is the main agent of the crime of this case, was sentenced to a suspended sentence of imprisonment at the court below but did not appeal this, but the prosecutor did not appeal against the suspended sentence. However, if the judgment of the court below is reversed and the sentence is sentenced, it is difficult to change the sentence imposed by the court below more seriously.

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

arrow