beta
(영문) 서울남부지방법원 2017.01.12 2016고단3985

폭력행위등처벌에관한법률위반(공동감금)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 17, 2016, along with the joint Defendant B (a separate pleading and a judgment has already been rendered), the Defendant who interfered with his/her business requested the victim to leave female friendship at the main point of “E” operated by the victim D located in Yangcheon-gu Seoul Metropolitan Government from around 02:15 to 02:35, and was refused, and thus the money was lost at that place.

As we think of it and think of it to F, the defendant was tightly pushed F with the hands, and the defendant was unable to keep the victim who tried to get out of it, while the joint defendant B was unable to keep the victim informed of the situation within the main place of mobile phones and the situation of customers in the place, it was difficult to avoid disturbance about 20 minutes while shooting the situation of customers.

Accordingly, the defendant conspired with B to interfere with the victim's main business by force.

2. At the time and place set forth in paragraph 1, Defendant B, joint Defendant B and the victim violated the Punishment of Violences, etc. Act (joint confinement) threatened the victim with any of the following: at the time and place set forth in paragraph 1, the victim’s 112 report on the disturbance and interference with the business of the Defendant, etc., the joint Defendant: (a) obstructed the entrance door; and (b) obstructed any of the instant joint Defendant from leaving the entrance door up to the entrance door of the victim; and (c) threatened the victim’s bucks; and (d) the Defendant pushed the victim with the defect by leaving the victim F out of the wall, and (e) prevented the victim from leaving the victim’s 20 minutes out of the main place by plucking, breaking, selling, and selling the victim’s F’s chest.

Accordingly, the defendant detained victims jointly with B.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Some statements made in the protocol concerning the examination of suspect B by the prosecution;

1. Each police statement made to D or F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

In this regard, Article 2(2)2 of the Punishment of Violences, etc. Act, and Article 276(1) of the Criminal Act (each of them).