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(영문) 청주지방법원 충주지원 2019.06.13 2019고합15

특수감금치상

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant and the victim B(n, 48 years old) are divorced for about four years.

On January 24, 2019, at around 18:30 on January 24, 2019, the Defendant raised complaints on the grounds that the victim had a different male in front of the C Apartment Ddong, which is the victim’s residence, and waiting in E-si operated by the Defendant.

Then, the defendant found the victims of returned home, threatened and threatened the victims with excessive restriction, which is a dangerous object prepared in advance, and led about about 30 meters to the above taxi and detained them in the taxi.

During that process, the Defendant suffered injury, such as putting excessive back to a taxi by hand, which requires treatment for about five weeks on the left-hand side of the 5-day left-hand side, such as so that the Defendant would not get a taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the death diagnosis certificate, on-site photographs, and photographs of damaged parts;

1. Grounds for sentencing under Article 281 (1) (main sentence), Articles 278 and 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Scope of punishment by law: One to thirty years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse crimes;

(b) In the event of the result of an injury, [Type 1] arrest and confinement (special person) - Reduction element: Where the result of an injury has occurred but a basic crime is committed in attempted attempted: In the event that the crime was committed by carrying dangerous articles: [the scope of recommending area and recommending punishment] basic area, imprisonment with labor for not less than one year and not more than two years [the general person] [the grounds for suspension of execution]] (where the result of the injury occurred but the basic crime was committed in attempted crimes: Where the main reason for fraud was carried with dangerous articles: Where the crime was committed by carrying dangerous articles.

3. Determination of sentence: The following matters shall be shown in the records and arguments, such as the age, character and conduct, environment, method and circumstances of the crime, and circumstances after the crime, which are favorable or unfavorable to the defendant for one year: