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(영문) 서울중앙지방법원 2019.1.11. 선고 2018고합982 판결

중감금치상

Cases

2018 Highly Injury caused by confinement in the middle

Defendant

A

Prosecutor

The last sentence (prosecution) and the second sentence (public trial)

Defense Counsel

Law Firm Taeek Law Firm

Attorney Soh-soo et al.

Imposition of Judgment

January 11, 2019

Text

A defendant shall be punished by imprisonment for one year.

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

To order the defendant to be put on probation.

The seized Belgium three (Nos. 1 through 3), one transparent tape (No. 4), and one cell phone (No. 5) shall be confiscated from the accused respectively.

Reasons

Criminal facts

The defendant is a person who has been in a relationship with the victim B (37 years of age, women) for about one year and four months.

On October 1, 2018, at around 07:43, the Defendant: (a) was waiting to talk with the victim who worked in the vicinity of the victim’s home located in Jung-gu Seoul Metropolitan Government, the Defendant reported the Defendant and entered the house again; (b) the victim sent a telephone to the victim, and (c) caused the victim to go off the house, and (d) caused the victim to go off the house, and (e) caused the victim to go out of the house, and (e) caused the victim to go out of the house, and (e) took the victim to talk with the E-building and the Defendant’s house located in the Jung-gu Seoul Metropolitan Government E-gu E-F.

The Defendant:04 on the same day from 08 to 14:05 day, while communicating with the victim at the victim’s house, the victim is about to see the victim’s arm’s length, and the victim’s arm’s length is able to get out of the door, and the victim’s face is dried up, and the victim’s face is dried up two times, and the victim’s two sons and two sons can not get out of or resist, and the victim is able to get out of the body of the victim so that he can not get out of the body of the victim, and the victim can get out of the body of the victim so that he can not get out of the body of the victim, and the victim can get out of the body of the victim so that he can get out of the body of the victim so that he can not get out of the body of the victim, and the victim can get out of the body of the victim so that he can not get out of the body of the victim. The Defendant wishes to make out of the body of the victim.

As a result, the Defendant detained the victim for about 6 hours, thereby committing harsh acts, and caused the injury of the victim to the sugar and stress disorder without an open two wife where it is impossible to identify the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Each protocol of seizure and search;

1. In cases of investigation reports (related to the search of suspect's residence), photographs attached thereto, investigation reports (related to the seizure of suspect's cell phones and belts), photographs attached thereto, investigation reports (related to the victim's cell phones) and photographs attached thereto, investigation reports (CCTV inspection): photographs attached thereto, investigation reports (CCTV inspection and correction thereof) and photographs attached thereto, investigation reports (CCTV inspection and correction thereof), and copies of the field map and CCTV image evidence photographs attached thereto, investigation reports (report submitted by the victim's diagnosis reports) and respective

1. Audio evidence CD (a intimidation recording file stored in a suspect A mobile phone);

Application of Statutes

1. Article applicable to criminal facts;

Articles 281(1) (main sentence) and 277(1) of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (the fact that the defendant repents his mistake, etc.)

1. Probation;

Article 62-2 of the Criminal Act, Article 59(1) of the Act on Probation, etc.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 1 (Bodily Injury resulting from Arrest or Confinement) where the result of injury to the < Amended by Act No. 1011, Mar. 1,

[Special Mitigation (Aggravated Mitigation)] Aggravations: In the event that there is a harsh act as provided in Article 277(1) of the Criminal Act, the mitigations shall not be punished.

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for one year to two years

3. Determination of sentence: One year of imprisonment and two years of suspended sentence; and

The defendant has been sentenced to a fine for violent crime in 2003, and the crime of this case resulted in the injury of the defendant by putting the victim under confinement and committing a cruel act by combining the victim's hand and appearance within his own house. The method and manner of the crime of this case, or physical and mental suffering of the victim. However, in light of the method and form of the crime of this case and the physical and mental suffering of the victim. However, there is no other criminal record except for the one-time fine as mentioned above, the victim does not want the punishment of the defendant; the victim does not want the punishment; the defendant's mistake is being divided by agreement with the victim; the defendant's age, character and behavior, occupation, environment, family relation, etc.; and other circumstances which are conditions for sentencing such as the defendant's age, character, family relation, etc. shall be determined as per the

Judges

The judge of the presiding judge shall be net;

Judges Choi Dong-hwan

In case of being unable to affix a signature or seal as judge Kim Gin-dae leave

The presiding judge