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(영문) 대전고등법원 (청주) 2017.04.13 2017노14
노동력착취유인등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: two years and six months of imprisonment; four years of suspended execution; 120 hours of community service order / Defendant B; three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendants on the market is the case where the victims with intellectual disability did not pay normal wages under their own control and used violence for a long time, and the nature of the crime is heavy.

In particular, in the case of Defendant B, considerable violence has been exercised against the victim during the crime of this case, and it is inevitable to severely punish Defendant B.

However, when the defendants are in the first instance, they are able to recognize all their crimes and reflect them.

The Defendants paid the victim the amount of KRW 160,000,000,000 for the conciliation decision related to the instant crime, and the victim did not want the punishment of the Defendants.

Defendant

A is an initial offender who has not been punished on one occasion by a fine, and Defendant B is an initial offender who has no previous conviction.

In addition, comprehensively taking into account the period and scale of the instant crime, the character and conduct of the Defendants, family environment, family relationship, and the circumstances before and after the instant crime, the lower court’s punishment is deemed to have exceeded the reasonable scope of sentencing, and is unfairly heavy or light.

It does not seem that it does not appear.

3. As such, each appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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