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(영문) 서울중앙지방법원 2018.06.08 2018고단1894

감금등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant: (a) around 22:30, the Defendant 1611 of Gangnam-gu Officetel 161, Gangnam-gu, Seoul, where the victim was living together with the victim D (the age of 28); (b) around the same day, the Defendant, even though the Defendant demanded the victim to engage in a sexual intercourse, the Defendant her refusal to engage in such sexual intercourse; (c) the Defendant she sawd the victim into the house to avoid such a danger; (d) caused the victim to go out of the house; and (e) prevented the victim from getting out of the house; and (e) caused the victim to go out of the house, and (e) caused the victim to go back one time.

Since then, from 05:00 the following day to 05:00, the Defendant prevented the victim from using a mobile phone while blocking the victim's body and making a call using a mobile phone.

As a result, the Defendant detained the victim for about six hours and thirty minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing certificates of medical records;

1. Article 276 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so ordered as per Disposition by comprehensively taking account of the following circumstances and the defendant’s age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc., as seen below the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and all the sentencing conditions shown in the pleadings of the instant case, including the circumstances after the crime is committed.

Unfavorable circumstances: The detention of a victim who had a relationship with him on the ground that he does not constitute his own demand is not good, and the nature of the crime is not good, and it is highly likely that the victim may be threatened for a long time and criticize the behavior of the defendant after the crime.

This seems to have caused considerable damage to the victim.

In the investigation process of the instant case, the instant investigation does not simply deny or implied, but rather causes confusion in the investigation by actively making false statements.