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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단293

감금

Text

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

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

Reasons

A. On October 30, 2013, the Defendant was under the influence of alcohol at the entrance of the C Apartment at the Pakistan-si on October 16:30, 2013, and did not find the Defendant’s female-friendly house and sent the said apartment complex, and the Defendant requested the Defendant to help the victim D (Nam, 14 years old) and the victim E (Nam, and 14 years old) who passed the path to “ how to enter the 207 unit.” The victims directed the Defendant until before the end of the 207 elevator and divided the elevator server.

In addition, under the influence of alcohol, the defendant set the hand of the victims without any particular reason, and called "the death of the victims shall be discarded unless they get out of the elevator", and let the victims board the elevator, let the victims board the elevator, and 207dong ******* of the defendant's residence.

After that, until October 30, 2013, the defendant gave a warning to the victims in the above residence, and issued an order to “drawing. dance and singing,” and put the victims into the above residence for about 50 minutes until the police officers reported through text messages of the victims sent out of the above residence, when the victims do not follow the orders of the defendant, and when they do not follow the orders of the defendant, they expressed the attitude that they would inflict any harm on the victims’ lives and bodies, and made them threaten the victims to go out of the above residence and follow the orders of the victims, and detained the victims for about 50 minutes.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes of D and E;

1. Relevant Articles of the Criminal Act and Article 276 (1) of the Criminal Act concerning the crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim of the instant crime is a middle student who is the age, etc., disadvantageous to the Defendant.