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(영문) 대전지방법원 2020.04.22 2019노3733
감금등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the relationship between the Defendant and the victim, the lower court’s imprisonment (eight months of imprisonment and eight months of order to complete education) is too unreasonable, taking into account the following factors: (a) the Defendant committed the instant crime; (b) was committed in depth; (c) was committed by the Defendant; and (d) was committed by the Defendant

B. In light of the following: (a) the prosecutor Defendant committed each of the instant crimes without being aware of the offender during the period of repeated crime; (b) the nature of each of the instant crimes in light of the developments leading up to each of the instant crimes and the form of the act; and (c) the mental impulse and sense of shame that the Defendant did not receive a letter from the victim even though it was reasonable to have the victim’s mental impulse and sense of shame, the above sentence of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of the sentencing stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's sentencing, and the defendant and the prosecutor did not submit new sentencing data that could change the sentence in the court below at the court below. Other factors such as the defendant's age, character, character, environment, criminal records, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, the court below's punishment against the defendant is deemed appropriate, and it cannot be recognized that the defendant exceeded the reasonable scope of discretion because it is too heavy or unfeasible.

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