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(영문) 수원지방법원 평택지원 2017.09.28 2017고단989

중감금

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is living together with the victim B (V, 56 years old) and from October 1996.

On July 4, 2016, the Defendant, at around 23:30 on July 4, 2016, left the victim to a D office in the vicinity of Pyeongtaek-si, and only from the damaged party, he/she shall, upon request, die at the Naran Ba.

The term "the victim's head debt" means two descendants, the victim's head debt is taken, the victim's hand floor is cleeped several times, and the victim's head is not governance.

Governance does not meet the level of governance.

The term "Ildo e." means "Ildo e.", and the victim's neck was knife and prevented from getting out of the office.

On July 5, 2016, from around 00:30 to 07:00 on the same day, the Defendant continued to display the entrance door of the above office so that the victim does not escape, thereby putting the head debt up in both hands and knife, and took the face of the victim on his hand.

Accordingly, the defendant detained the victim, thereby committing harsh acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. The application of the relevant Acts and subordinate statutes, such as photographic CDs taken on the damaged body part, photographs taken by the victim’s assault, Kakao messages photographing photographs, text messages photographing photographs, and the application of each medical certificate, taken by the victim;

1. Article 277 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- Not only has been punished several times due to the same crime, but also the nature of the crime of this case is not less than that of the crime, except that the victim has submitted a written application for non-criminal punishment. - The defendant is against his fault.