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(영문) 대구지방법원 서부지원 2018.05.16 2017고단1976

감금

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months on March 8, 2017 by imprisonment with prison labor for the crime of confinement at the port branch of the Daegu District Court, which became final and conclusive on March 16, 2017 and is currently under suspended sentence.

[Criminal facts]

1. On June 8, 2017, the Defendant committed the crime of June 2017: (a) around 21:15, the Defendant: (b) driven the said vehicle while driving the said vehicle on the ground that (i) around 21:15, the Defendant appeared to have engaged in brud behavior to the victim D (the age of 26) who was parked near the Seo-gu, Daegu-gu, and (ii) the victim D (the age of 26) who was dead, and (iii) expressed a desire to b) on the ground that the victim was her speech, and (iv) “the b)” of the victim’s desire to fluding the victim’s demand, and (v) detained the victim by driving the said vehicle from approximately 2 km to the front road near the Seo-gu, Daegu-gu, in order to prevent the victim from getting off from the vehicle for about 5 minutes.

2. On June 12, 2017, the Defendant committed the crime on June 12, 2017: (a) around 23:00, within the passenger car set forth in paragraph 1 that was parked in front of the victim’s residence located in Seo-gu, Daegu-gu, Daegu-gu; (b) due to the Defendant’s extreme nature, such as paragraph 1, the victim’s “hicker” from the injured party “hicker” would hear the horse; (c) upon the victim’s request, the victim’s consent, and (d) “hicker” used the said vehicle at a speed of 200 km per hour at a speed of 00 km from June 13, 2017, around 00:0, around 100, around 100:00 the Defendant’s residence of the Defendant located in the north-gu, Seo-gu, Daegu-gu, Seoul-gu, to prevent the victim from getting off the said vehicle for about one hour.

Accordingly, the defendant has detained the victim twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Investigation report (report on recording of complaints filed by complainants D);

1. Previous convictions in judgment: Inquiry about criminal history, application of the same military records, and applicable statutes of the judgment;

1. Article 276 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The defendant for reasons of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is the same crime.