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(영문) 제주지방법원 2014.11.27 2014고단1274

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On July 5, 2014, at around 21:00, the Defendant: (a) went to the “E” located in Dongnam-gu, Dongnam-gu; (b) the Defendant expressed that the Defendant was a victim C (V) who was an annual personnel in the F. E. E., the Defendant’s owner, and the victim was f.o.b., who was the victim’s vehicle at the f.o., and f., f., who was the victim’s vehicle at the f.o., and f., f., who was the victim’s vehicle at the f.o., who was the victim’s vehicle at the f.o., who was the victim’s vehicle at the f.o., who was the victim’s vehicle at the f.o., the Defendant f.

2. The Defendant, on the date, at the time, at the place specified in Paragraph 1, stated that “I would have to width all the days previously done if I want to do so” to the victim, followed the victim to the said car.

At around 21:10 on the same day, the Defendant, upon receipt of a request from the victim to get off the vehicle, made the vehicle open to approximately 5 km away from the entrance of the said vehicle, and prevented the victim from getting off the vehicle for about 10 minutes on the same day.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to each photograph and written diagnosis;

1. Relevant legal provisions concerning criminal facts: Article 257(1) of the Criminal Act and Article 276(1) of the Criminal Act; Selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Community service order: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Dismissal of an application for compensation: The crime of confinement, which is not an offense subject to a compensation order, among crimes against a victim under Articles 32(1) and 25(1) and (3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, is included, and the accused.