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(영문) 수원지방법원 안양지원 2019.11.27 2019고단1696

중감금

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 2004, the Defendant reported the marriage with the victim B (math, 56 years old) and was living separately from around 2015.

On February 2019, the agreement was shared around 2019.

On February 21, 2016, at the time when the defendant was in Geumcheon-gu Seoul Metropolitan Government, at around 21:00, the defendant called "the victim's home at the time when he was in Geumcheon-gu, and had a telephone conversation with the victim before that time, the defendant called "the victim's refusal to live together in his house," and called "the victim's body was "I would be dead" and "the victim's body was cut back by drinking, the victim's body was cut back several times, the victim's body was cut back several times, the cable line was cut back, and the two legs was cut back, and the victim continued to operate the victim on the back seat of the A half-gu car in the name of the victim.

The Defendant, on the same day, parked the said car at a tent in the inside of the game for a certain time on the same day, repeated the act of stringing the victim’s string a white boom, and prevented the victim from getting off from the car for about three hours at around 24:00 on the same day until the victim’s house is located.

Accordingly, the defendant detained the victim, thereby committing harsh acts.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the first and second police statement law to B;

1. Article 277 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Aggravation elements of punishment according to the sentencing guidelines (the determination of types of punishment) shall be limited to cases where the extent of arrest and detention is serious in cases where any suspicion provided for in Article 277(1) of the Criminal Act exists, and the extent of arrest and detention is serious.