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(영문) 대구지방법원 2015.10.15 2015노3091
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the lower court (one year and eight months of imprisonment; two years of imprisonment; imprisonment for one year and six months; imprisonment for Defendant C; imprisonment for one year and six months; imprisonment for one year and six months; suspension of execution for a community service order; three years of a suspended execution for a community service order; 200 hours; and 40 hours of an order to attend violent therapy).

2. Determination

A. It is recognized that Defendant A recognized the facts charged and reflected by the Defendant, and that the victims do not want the punishment of the Defendant by mutual consent.

However, in full view of the fact that the Defendant had been punished several times due to the same crime, and in particular, even if he was released from prison after being sentenced to four years and six months of imprisonment due to robbery, injury by robbery, etc. and two years of imprisonment, the Defendant committed each of the crimes of this case, and other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is unreasonable.

B. The fact that Defendant B recognized the facts charged and reflected, and that the Defendant has a mental disorder, such as a recurrence of depression disorder, etc., and the above mental disorder was the major cause of the victim's commission of an injury to the victim, and that the Defendant agreed with the victim L and agreed with the victim S in the trial.

However, in full view of the fact that the Defendant had been punished several times due to the same crime, in particular, the fact that the Defendant was sentenced to two years of imprisonment for the larceny and was released from prison, and then was committed for a repeated crime, which led to each of the crimes in this case, and that the Defendant led the Defendant to commit the bodily injury to the victim, and other various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances after the commission of the crime, etc., the lower court’s sentence is unreasonable.

C. Defendant C is charged with the facts charged.

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