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(영문) 의정부지방법원 2018.05.10 2018고단417

감금

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 10, 2017, the Defendant provided the victim E (n, 43 years old) and meals at the cafeteria near the house of the Defendant, the Defendant’s seat located in Do Government-si around 00:00, around September 10, 2017, which had attended from around September 2017, and then, the Defendant provided the victim with coffee at the above D’s house.

제 안하였으나, 피해자가 집에 가야 한다며 거절하자, 피해자에게 소리를 지르고 도로에 세워 져 있던 차량을 내리치는 시늉을 하는 등 위협하여 피해자를 위 D의 집으로 데리고 갔다.

From around that time to 10:00 on the same day, the Defendant used violence, such as cutting down the body of the victim on the part of the Defendant, on the ground that the jury was not properly engaged in personnel affairs, and caused the victim to drink it, and added it to the body of the Defendant, and prevented the victim from leaving the said residence for about 10 hours by preventing the victim from leaving the body of the victim on the part of the Defendant’s kneel for about 10 hours.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of statutes on site photographs;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting an offense and Article 276 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year [the scope of the recommended punishment] from six months to one year [the general standards for the arrest and confinement] shall be the basic area (up to one year from June to one year].

3. Determination of sentence: One year of imprisonment, three years of suspended sentence, the following circumstances, and the ages of the defendants;