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(영문) 청주지방법원 2019.09.06 2019고단698

감금미수등

Text

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

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

Reasons

Punishment of the crime

1. Around 15:30 on March 14, 2019, the Defendant attempted to detain the victim by driving the victim C (the 55 years old) on the front side of Seowon-gu, Seowon-gu, Seowon-gu, Seowon-gu, and driving the victim C (the 55 years old) on the DMW car. Although the Defendant demanded another woman to exchange the message with another woman, the Defendant did not bring about a defect in the Defendant’s house, even though the victim, who had come to fall short of the vehicle, to get out of the vehicle, but failed to bring the victim under confinement by driving about about 3 km from Seowon-gu, Seowon-gu, Seowon-gu, Cheongju-si, but did not bring the victim’s restraint while stopping at the victim’s request, and did not bring the victim into the vehicle.

2. Violation of the Road Traffic Act (Free Driver’s License) provided that the Defendant driven the said BMW car without a driver’s license for a section of about 3.3 km from the front of the Do of the Cheongju-si, Seowon-gu, Seowon-gu to the front road of the creative zone located in 690 km from the front of the Do of the Cheongju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to the 112 Report Report Report List, the 112 Report Handling List, and the 20 Vehicle Driver’

1. Relevant Article of the Criminal Act; Articles 280 and 276(1) of the Criminal Act; Articles 152 Subparag. 1 and 43 of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); and Articles 152 Subparag. 1 and 43 of the same Act (the same type of electric power; the attitude to avoid liability after committing a crime, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that the degree of detention is not severe and has no record of driving without the same kind of license to the victim);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Second offense (decision of types), arrest, confinement, abandonment, or abuse; and arrest and confinement;

(a) general criteria [Type 1] general arrest and confinement;