beta
(영문) 대구지방법원 포항지원 2017.01.12 2016고단970

특수감금등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a space between the victim B (n, 20 years of age) and the victim B (n, 20 years of age) and about 8 months.

1. At around 03:40 on March 11, 2016, the Defendant: (a) performed alcohol with the victim in the trade name “D” located in Northern-gu C at the port; (b) led the victim outside the drinking house to disregard the Defendant; and (c) continued to remove the victim’s head on the floor by walking the victim’s head to the taxi; and (d) continued to brea the victim’s knick with the victim’s hand floor.

As a result, the Defendant suffered bodily injury such as getting off the skin and getting out of the body, etc., in which the victim cannot know the number of days of treatment.

2. In a way like paragraph 1, the Defendant: (a) taken the victim into the taxi in the same manner as in paragraph 1; (b) took the victim’s residence in the north-gu Ebud 103 of the same day; (c) opened the door door at the port of port; (d) took the victim’s head head part several times with the hand floor; and (e) took the victim’s head part of the victim’s head part at several times; and (e) took a dangerous thing in the kitchen (the total length of 22 cm, the knife length of 11 cm) with the victim’s upper part toward the part of the damaged, and (e) prevented the victim from leaving the Defendant’s house out of about 10 minutes.

Accordingly, the defendant carried dangerous things and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations and damaged photographs, etc.);

1. Relevant provisions of the Criminal Act, Articles 278, 276 (1) of the Criminal Act (the point of special confinement, choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent confinement with heavier special confinement);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: When the female victim is committed several times.