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(영문) 의정부지방법원 고양지원 2015.12.18 2014고합233

감금치상

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Legal statement of witness E;

1. He/she shall do so by using the F;

1. A report on investigation by the prosecution (the report on the injury load photograph and witness F telephone statement by the victim);

1. Determination on the assertion of the defendant and his/her defense counsel in the injury medical certificate

1. The assertion;

A. While the Defendant moved to the Defendant’s vehicle along with the victim to meet or communicate the victim, the victim was slicked on the roadside while the victim was slicked.

Although the defendant, in the process, was able to take advantage of the victim's side lives, etc. by causing the victim's establishment, and the victim's side lives, etc. were committed, there is no assault against the victim as stated in the facts charged.

B. The Defendant only tried to talk with the victim in a way that he or she was in a way consistent with the victim, and did not intend to detain the victim.

2. In full view of the following circumstances acknowledged by the evidence revealed in the judgment as to the assault, the following circumstances, the course and background of the instant case, the attitude of the Defendant and the victim, and the victim’s parts and degree of injury, etc., the above assertion is rejected as it is acknowledged that the Defendant used the victim to assault as stated in its reasoning.

The victim stated that the degree of the spher part is memory, but it is not accurate memory where it is specific.

In light of the circumstances where the victim's identity at least is accurately forgotten, it is sufficient to recognize the fact that the victim was assaulted by the defendant, and it is insufficient to impeachment the credibility of the victim's statement on the sole ground that the victim was unable to memory the detailed contents of the assault.

B. The F witnessed the instant case also stated that the Defendant was her face and chest with the victim’s hand while leading the victim. It is not between the Defendant and the victim, but between the Defendant and the victim.