beta
(영문) 의정부지방법원 2015.05.27 2014고단4906

감금

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2014, at around 03:30 on May 27, 2014, the Defendant discovered the victim B (e.g., 21 years of age), who is prone in the vicinity of the Geongcheon-gun, Gyeonggi-do Jeoncheon-gun, Seoul Special Metropolitan City, and then accessed the victim with the amount of the CM5 car so as to see the direction of ‘I am Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.', the Defendant moved the victim to the head of the above vehicle, and then led the victim bypassing to the direction of the central station of the Dongducheon-dong, the destination of which is the Do Do

Therefore, even though the defendant, who is the victim's 'not the opposite direction', was an interned and going to the new direction, the defendant continued to move to the new direction without going to the central direction of the same ducheon river, and demanded the victim to frighten and install a vehicle to the defendant. However, the defendant, while driving the vehicle without disregarding it and driving the vehicle, he opened the front door door of the above vehicle that the victim gets into the vicinity of the Gyeonggi-do Yangju-si, and detained the victim by preventing the victim from getting out of the vehicle until getting out of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in B in the interrogation protocol of the accused (second time);

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation (re-verification at a site of accident);

1. Relevant Article 276 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In light of the fact that the defendant intentionally approaches the victim at the latest time and appears to be simply driving the said vehicle at a place different from the destination of the victim, etc., the crime of this case is of significant nature, and the victim seems to have suffered severe mental pain, etc., it is necessary to severely punish the defendant.