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(영문) 대구지방법원 영덕지원 2014.05.15 2014고합9

감금치상등

Text

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 of the final judgment.

Reasons

Punishment of the crime

1. On August 24, 2013, the Defendant: (a) around 01:30, on the street in front of the post office located in Ulsan-gun C, Ulsan-gun, the Defendant placed the victim into the Emine Bank located in C, together with the victim D (the age of 52); and (b) carried the Fitter Cargo Vehicles in his own possession; (c) on the other hand, the Defendant operated a vehicle on the premise that the victim would go into the motherel of his wife.

The injured party was able to get off the vehicle at a place different from the running place of the vehicle, and the injured party was frightened for about 5 minutes by disregarding that of the defendant, driving about 1 km up to the street in front of the G convenience store located in C at around 01:35 on the same day, and the injured party, who was frightd, being towed, was frightd for about 14 days in the process, by opening a door of the said cargo vehicle and going up with it, resulting in an injury, such as two open gates in need of treatment for about 14 days.

Accordingly, the defendant detained the victim, and made the victim suffer from the injury in the process.

2. The Defendant was under the influence of alcohol content of 0.153% at the same time as stated in the above paragraph (1) of the Road Traffic Act, and was driving a F Poter in a section of about 1 Km from the post office located in the G convenience store in the G convenience store in the G convenience store in the G convenience store located in the Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor in relation to D;

1. Application of each Act and subordinate statute to an investigation report (related to the submission of an injury diagnosis report) and a report on detection of a host driver;

1. Relevant Article of the Criminal Act, Articles 281 (1), 276 (1) and 276 (1) of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be aggregated with the term of two crimes resulting from severe injury resulting from confinement;