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(영문) 부산고등법원 2018.02.08 2017노696
감금치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the court below (one year of imprisonment, two years of suspended execution, surveillance of protection, and community service order 80 hours) is too unreasonable and unfair (in particular, since the defendant is a taxi engineer, it is difficult to implement the community service order as stated in the court below's decision, it shall be revoked). 2. Various circumstances unfavorable to the defendant (the crime of this case committed by the defendant was committed under the same circumstances as the criminal facts stated in the court below's decision, and the victim, who was a 20 minutes of confinement against the defendant's will, was unable to be detained and left for about 20 minutes of confinement against the defendant's will. During that process, the victim suffered injury necessary for medical treatment for about 2 weeks, and the quality of the crime is not somewhat poor in light of the crime, the victim's physical and mental suffering due to the crime of this case committed by the defendant, and the victim and the defendant did not reach an agreement between the investigation agency and the defendant, despite the fact that the victim did not suffer from injury until now.

In light of the overall sentencing conditions in the process of the court below and the party hearing, including the statement and the degree of the injured party's injury, the sentence imposed by the court below is too unreasonable since the sentence imposed by the defendant is too excessive (in addition, it is difficult to view that the circumstance required by the defendant alone falls under the reason to cancel the community service order in the court below's decision), and the defendant's unfair argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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