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(영문) 서울중앙지방법원 2013.10.30 2013고정3771

감금

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a victim C and a person who runs real estate brokerage business in Dongjak-gu Seoul Metropolitan Government D.

Around 1:50 on April 25, 2013, the Defendant: (a) driven Gran-free car in front of the Dongjak-gu Seoul Metropolitan Government Fro, and asked the victim to receive a commission for real estate transaction brokerage from the purchaser H and the victim who opened the apartment site to conduct real estate transaction brokerage at the same place; (b) but the Defendant refused it; (c) received a request from the victim by hand to buck up the victim’s arms, pluck up, wear clothes, and carry his body, and forced the victim to leave the car, and (d) took it down to the second floor above the Seoul Dongjak-gu I apartment lot from Seoul to 400 meters; (c) on the ground that the victim reported within the above 112 vehicle stopped at the above parking lot, the Defendant left the victim’s face at one time, and even after receiving a request from the victim, and caused the victim to leave the parking lot from the Dongjak-gu Seoul Metropolitan Government to 20 meters above to 30 meters above the parking lot from 10:20 meters above.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused (a statement that the injured party has taken the cell phone of the injured party's cell phone from the defect in the 112 report and opened the door of the vehicle);

1. C’s legal statement;

1. Statement of investigation report (112 voice file replies);

1. Statement of investigation report (on-site confirmation and CCTV screen removal, etc.);

1. Application of the Acts and subordinate statutes describing the arrest of flagrant offender;

1. Relevant provisions of the Criminal Act and Article 276 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;