(영문) 수원지방법원 평택지원 2017.07.24 2017고합69



A defendant shall be punished by imprisonment for one year.

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


Punishment of the crime

The defendant is the workplace master of the victim C(36 years of age).

On March 25, 2017, the Defendant: “E” office located in Pyeongtaek-si D around 02:37, when leaving the office at night, sent to the victim “E” (hereinafter “E”) with a letter of resignation, rather than going to leave the office, and made the victim go to go to the company, and prevented the victim from going to the office, and continuously put the victim out of the office, and continued to put the victim out of the office, and made the letter of resignation by having the victim go to leave the office for about 07:40 hours on the same day. However, the Defendant did not prepare a letter of resignation by making the victim go to the outside of the office, while making the victim go to the outside of the office.

As a result, the defendant detained the victim and committed an attempted crime even though the victim forced the victim to prepare a resignation in the course of two weeks of treatment, it did not result in the victim's attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Images of CCTV image data CDs and CCTV images inside the office;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 281(1), 276(1) (a) and 324-5 and 324(1) (a) of the Criminal Act concerning the choice of punishment (the fact of attempted coercion, the choice of imprisonment with prison labor) of the same Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the sum of the long-term punishments of each crime above, stipulated in the heavier severe punishment, is added);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one year to 35 years; and

2. The sentencing criteria shall be based on; and