beta
(영문) 창원지방법원 거창지원 2019.02.14 2018고합39

감금치상

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 08:55 on November 3, 2018, the Defendant: (a) at the C Hospital located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on the ground that the victim D (the age of 29) was her and did not receive a telephone, and (b) was working for the said hospital, the Defendant: (c) moved the victim’s right hand hand on the victim’s right hand; (d) towed the victim to the front of the E-learning car parked in the said hospital’s parking lot; (c) led the victim to her fright hand on the victim’s hand; (d) forced the victim to take a fright of the victim’s hand on the top of the said vehicle; and (d) tried to get the victim to get off the said vehicle; and (e) tried to detain the victim by driving the said vehicle 2 meters away from the left hand of the victim, but (e) opened the said vehicle with the victim’s head door.

As a result, the defendant tried to detain the victim, but did not bring about his intention to do so, and caused the victim to suffer salt and tensions on the part of the neck that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Investigation report (to hear victim's D phone statement), investigation report (to confirm detention: Reference witness F);

1. Application of a medical certificate, Chapter 8 on-site photographs, and the Acts and subordinate statutes;

1. Articles 281, 280, and 276 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account factors favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. Where the extent of the recommended sentence based on the sentencing guidelines (a decision of type) is minor in cases where the result of an injury to the arrest, detention, abandonment, or abuse crime is caused, the extent of the arrest and confinement of the first type (a special person) mitigated factors, and minor injury is minor;