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(영문) 인천지방법원 2015.06.18 2015노1172
폭력행위등처벌에관한법률위반(공동감금)등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for the defendant A and ten months of imprisonment for the defendant B) is too unreasonable.

2. The facts that the crime of this case was inferior to the quality of the crime are deemed to be unfair; however, the defendants confession and reflect; the crime of violation of the Punishment of Violences, etc. Act (joint conflict) was committed and thus the defendants did not receive the purchase price of vehicles that the defendants ultimately sought; the defendants paid 1.8 million won to the victims; the defendants paid 1.2 million won to the victims when they were in the trial; the victims paid 1.2 million won to the victims when they were in the trial; there was no previous conviction exceeding the fine; the degree of participation is low compared to the defendants A in the case of the defendants B.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means, methods and results of the crime of this case, and the conditions of sentencing as shown in the records and arguments, it is judged that the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Article 2(2) and (1)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act; Article 2(2) and (1)2 of the Punishment of Violences, etc. Act; Article 324 of the Criminal Act; Articles 6 and 2(2) and 2(1)3 of the Punishment of Violences, etc. Act; Article 350 of the Criminal Act.

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