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(영문) 부산지방법원 동부지원 2017.05.25 2017고정267

감금

Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was in a de facto marital relationship with the victim C (V, 38 years old), and was living separately from January 2016.

At around 10:50 on September 3, 2016, the Defendant detained the victim for about 55 minutes by preventing the victim from getting off from the car, on the ground that: (a) there is suspicion of the victim’s influence in front of the Busan Suwon-gu D Studio; (b) forced the victim to leave his car to the front end of the 11:45 on the same day; and (c) at around 11:45 on the same day, the victim went back to the front end of the 'F elementary school located in Suwon-gu, Busan-gu EF elementary school; and (d) it prevents the victim from getting off from the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case, which is subject to the order of provisional payment, is not such a crime that is minor.

However, in light of the fact that the defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner, the defendant's mistake is against the defendant's late later, the complaint was withdrawn after the prosecution of this case was agreed with the victim and the victim's wife, the victim's wife is expected to be the defendant's wife, the defendant and the victim seems to be living a smooth family life (where a fine is imposed on the defendant, it refers to the burden of the victim), the defendant has no record of committing a crime exceeding a fine (where a fine is imposed on the defendant, it refers to the burden of the victim), and other reasons for sentencing specified in the summary order, the amount of the fine imposed in the summary order is deemed to be excessive, and thus, the reduction of the fine is determined as per the disposition.