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(영문) 부산지방법원 2017.12.15 2017고단4914

감금

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 16, 2017, the Defendant, through the Victim E (F, 25 years of age, hereinafter referred to as “F”) and “G”, at around 20:30 on June 16, 2017, carried the Victim into “IMocom” located in Busan, Jin-gu, Busan, while drinking together with the Victim and drinking together with the Victim at the restaurant located in Busan, Busan, Busan, on the same day, around 23:50 on the same day.

While Defendant was drinking together with the victim at the above her motherel, the victim was detained by the victim by preventing the victim from getting out of the her motherel for about two hours, such as the victim's her son, who was suffering from the victim's her house, her knife and pushed down the victim's arms, and her part of the victim's arms to occur, and her part to her own knife again her hand, and her part to her part to occur.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in the F and a statement made in relation to F, a part consistent with the above facts constituting the crime;

1. Application of Acts and subordinate statutes of each photograph/cinematographic output (including closed circuit television images), 112 reported case processing statement, investigation report (netly nine times);

1. Article 276 (1) of the Criminal Act applicable to the relevant criminal facts and Article 276 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection [the scope of recommended punishment] The general criteria for arrest and confinement are as follows: (a) the mitigation area (one month to eight months) [a person with a special mitigation] [including efforts to recover damage] [a decision of sentencing] within the scope of the above sentence according to the sentencing guidelines; (b) the person having a criminal record of detention of the same method of crime; and (c) the defendant/defense counsel is against the crime of this case.

However, after the drinking driving was discovered on March 28, 2017 and was prosecuted for summary service on May 1, 2017, he sent his rebuttal to him on May 1, 2017, but he again committed the instant crime with the degree of the month thereafter, and thus, the Defendant’s reflect.