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(영문) 청주지방법원 제천지원 2015.08.28 2015고합30

감금치상

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on June 1, 2015, the Defendant: (a) sought the victim E (the 53 years of age) (the 53 years of age) who had previously participated in the past course at the front parking lot in Dacheon-si, Dacheon-si; (b) was refused to request the victim to send a letter of request to the victim that he would be fully paid KRW 37 million paid to the victim so far; (c) the victim was refused to pay the 37 million won; (d) the Defendant was using the body of the victim, such as the victim's face, her arms, etc., on a non-discriminatory basis of about 20 occasions due to drinking and so on; (e) the victim was inside the lower seat of the Fene car owned by the Defendant; and (e) the victim stopped the vehicle to turn to the left, and (e) the victim stopped the front face of the victim and the victim did not leave the vehicle to the left.

Even though the Defendant again received a demand from the victim to bring off the said car several times while driving the said car, at around 08:20 on the following day, the Defendant driven the said car to the H higher class located in G in Gwangju-si.

As a result, the Defendant detained the victim for about 12 hours and 50 minutes, and caused the victim to suffer injuries, such as duplicating and laping the victim, including four or more times of medical treatment for about 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of victim E;

1. Statement of opinion;

1. The application of the Acts and subordinate statutes to the number and delivery of kidnapped chairs, each internal investigation report, each investigation report, damaged photographs, and photographics of the suspected vehicle;

1. The first sentence of Article 281 (1) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. One year to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. The sentencing criteria shall be based on; and