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(영문) 창원지방법원 2014.06.20 2013고단2706

폭력행위등처벌에관한법률위반(공동감금)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the husband of the victim D (here, 31 years of age) who is in a divorce lawsuit with the victim, and the defendant B is the mother of the defendant A.

1. On May 11, 2013, the Defendants in violation of the Punishment of Violences, etc. Act (joint confinement) discovered a victim from a man and her mother on the street in front of the Felel in Kimhae-si, Kimhae-si, found the victim from his name-free male and her hair, forced the victim's head debt, and forced the victim's numberless vehicle in Defendant B to remove the above vehicle. Defendant B driven the above vehicle. Defendant A moved the victim from the back seat of the vehicle to the H Hospital in Kimhae-si by bringing the victim to his hands and suppressing the victim's resistance against the victim, and detained the victim.

2. In the course of forcing the victim to move to the vehicle B, as set forth in paragraph 1, the victim’s face was 2 times by drinking, and the victim’s chest part was divided into knee and the victim’s chest part was knee, and the victim suffered injury, such as chloe and tension, which requires medical treatment for about 14 days.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by witnesses D in the second protocol of the trial;

1. Application of the law Nos. 1 to 3, 7, 11, and 12 to the evidence list prepared by the prosecutor

1. Relevant Article of the Act on the Punishment of Violences, etc. and the selected Defendants: The point of jointly confinement (Article 2(2) and (1)2 of the Punishment of Violences, etc. Act and Article 276(1) of the Criminal Act) Defendant A: The point of injury (Article 257(1) of the Criminal Act).

1. Selection of each of the selective fines for punishment (such as: (a) the primary offender and the confessions; (b) the victim’s spouse, at the time, was coming from another male in the conference; and (c) the police refused to dispatch the victim; and (d) the victim was sent to the hospital to check whether the victim passed through the hospital; and (e) the crime of this case was committed);

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 and 70 of the Criminal Code for the Detention in Labor House (Defendants).