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(영문) 인천지방법원 2017.01.19 2016고합788

감금치상

Text

A defendant shall be punished by imprisonment for 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

On November 3, 2016, around 19:31, 2016, the Defendant: (a) demanded the victim from “Fishing” operated by the Victim E (Fishing 50 years of age) located in the Nam-gu Incheon Metropolitan City D2 level; and (b) on the same day, the Defendant did not provide the victim with approximately 30 minutes of alcohol and the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of

The Defendant said that the Defendant 112-report was made on the singing box, such as unloading the invoice on the sing box, etc., and the Defendant attempted to complete the business without charge, but the Defendant sought to leave the place.

“A victim who intends to go to a place at the same time was frightened in front of the door, frightened the victim’s body, frightened the victim’s body, frightened the victim into the wall, and frightened the victim at the wall continuously, and frighted the victim into the instant singing room for about seven minutes, and suffered injury, such as thale, which requires approximately two weeks of treatment, during that process.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. The investigation report (1) and the application of Acts and subordinate statutes to the investigation report (the confirmation of the video images of the Fsing CCTV);

1. Article 281 (1) (main sentence) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53(1) and Article 55(1)3 of the Criminal Act (including circumstances favorable to the defendant among the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing in favor of the defendant);

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

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. One type of application of the sentencing criteria (the type of injury resulting from the arrest, confinement, or abandonment of the sentencing criteria) in a case where the result of the injury to the arrest, confinement, or confinement takes place.