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(영문) 광주고등법원 (제주) 2016.01.13 2015노108
특수강도등
Text

All appeals filed by prosecutors and Defendant C shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants by the prosecutor (Defendant A: 5 years of suspended sentence for 3 years of imprisonment; 200 hours of community service work; 4 years of suspended sentence for 2 years of imprisonment; 200 hours of community service work; 200 hours of protection; 10 months of imprisonment for Defendant C; 2 years of suspended sentence for Defendant D: 10 months; 2 years of suspended sentence for Defendant D; 80 hours of community service, 80 hours of protection) is too uneasible.

B. Defendant C’s punishment is too unreasonable.

2. Determination

A. Sentencing part against Defendant A: (a) the Defendant prepared a vehicle for kidnapping upon the request of his accomplice G upon the request of his accomplice; (b) detained the victim and his family members under an imminent plan, such as painting the place of confinement; (c) detained the victim for a long time, thereby causing serious mental distress to the victim and his family members; (d) the Defendant led the crime of confinement in the instant case; (c) the Defendant appears to have escaped, considering the investigation status and the progress of the trial in G; and (d) the Defendant appears to have escaped for a long time.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant did not know the profits earned by the crime of this case, the fact that the victim does not want punishment against the defendant because the defendant agreed with the victim smoothly, the fact that the defendant recognized the crime of this case and reflected against the defendant, and the fact that the social relationship of the defendant is obvious.

In addition, in full view of the defendant's age, sex, environment, family relation, criminal record, motive and background of the crime, method and consequence of the crime, and the scope of recommended sentencing guidelines, the court below did not determine that the defendant's sentence against the defendant is too unfeasible and unfair.

Therefore, this part of the prosecutor's argument is without merit.

B. The Defendant’s portion of sentencing against Defendant B is very serious to the victim and his family members by taking part in the crime that was closely planned with four accomplices, and imprisoning the victim for a long time.

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