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(영문) 수원지방법원 안양지원 2016.07.22 2016고정234

감금미수

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a bus driver working in C militarypos offices, the victim D (V, 54 years old) is a bus driver working in E militarypos offices, and the defendant and the victim are the company rent-related relationship.

On October 30, 2014, the Defendant: (a) set up at a crosswalk in front of G in Sinpo City F on October 30, 2014; (b) set up a H Costa car in front of the victim waiting for pedestrian signal; (c) set aside from the vehicle to prevent the victim’s hand; and (d) forced the victim’s hand against the victim’s will; and (c) tried to arrest the victim by force on the Defendant’s vehicle against the victim’s will; (d) however, the Defendant failed to comply with it; and (e) was attempted by the Defendant’s hand.

Accordingly, the defendant tried to detain the victim, but did not commit an attempted crime.

Summary of Evidence

1. Application of the respective legal statements of witnesses D and I to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 280 and 276 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;