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(영문) 광주지방법원 해남지원 2018.02.22 2017고단508

감금등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 21, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation at the Busan District Court, and was detained on July 22, 2017, and is currently serving in prison in South Korea.

On March 2015, the Defendant liveded for two years with the victim C (V, 18 years of age) and the Internet hosting around March 2015.

1. On July 22, 2017, the Defendant was assaulted by the victim on his/her hand on the ground that the victim does not frequent another male in his/her house in his/her residence where he/she had a dtel 306 around 01:0 on July 22, 2017, on the ground that he/she does not frequent the other male and frequently enter the house, and on the ground that he/she has taken off his/her cell phone, he/she did not contact with the male in the future.

(e) Out of the house;

(e) will, unless otherwise, go beyond the island;

Until 10:17 of the same day, “intimidating the victim,” and prevented the victim from leaving his/her residence for about nine hours, and detained him/her.

2. Around August 18, 2017, the Defendant made a letter to the effect that “the Defendant would file a criminal charge against a sexual traffic unless the agreement is reached, because he/she knows that the Defendant would be under protection and observation” with the victim at the Bapool prison located in the Southern Military, the Defendant threatened the victim by means of photographing the victim’s cell phone with his/her name and influor who was released from the prison with his/her cell phone, and allowing the victim to transmit the victim’s cell phone text messages to the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to cover the damaged side photographs and to cover the message;

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement), Article 283(1) of the Criminal Act (the point of intimidation) and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) The basic area (from June to one year) of the crime of confinement (the scope of recommended punishment) (the person who has no special sentencing factors) shall be the general standard for the arrest and detention of the same person.

(b) Intimidation (the scope of recommendations).