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(영문) 청주지방법원 2017.05.17 2016고단2811

감금

Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On November 1, 2016, at around 22:00, the Defendant: (a) brought a dispute with the victim in the former female-friendly appearance victim C (here, 28 years of age) located in the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si; (b) went off the victim’s clothes by hand; (c) took the victim’s cell phone from his cell phone; (d) took the victim’s cell phone from his body; and (e) took the victim’s cell phone from her body, and (e) prevented the victim from leaving the said place of residence by way of blocking the front door of his body.

Accordingly, the defendant detained the victim.

Summary of Evidence

Application of the police statement protocol law to Defendant C

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (1) of the Criminal Act selection of punishment, and selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good for the defendant to commit a crime committed against a dead woman.

However, the punishment shall be determined in consideration of sentencing conditions, such as the fact that the defendant reflects the mistake, the fact that the victim does not want the punishment of the defendant, the fact that the defendant is the primary offender, the age, sex, environment, circumstances of the crime, and the circumstances after the crime.