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(영문) 서울중앙지방법원 2017.08.10 2017고단3984

감금

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B and the victim B (n, 26 years of age) are the hedging relationship.

At around 22:00 on May 2, 2017, the Defendant: (a) waiting for the victim from the front of the Seoul Special Metropolitan City Gwanak-gu building and the 502 victim B (n, 26 years of age)’s residence; (b) opened the victim’s residence in one hand after the victim’s defect in returning home; (c) opened the front door to the victim’s residence; (d) opened the front door; and (e) opened the front door to the victim’s address; and (e) pushed the victim who is willing to leave the Defendant out of the place of damage, from around 17 hours to 22 minutes following the above date to prevent the victim from going out of the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of the processing of reported cases;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 276 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation lies in kidnapping a female victim returning to home at night, leading him to the house of the victim, and committing a crime of long-time confinement is not somewhat weak, and even in the form of self-harm such as the knife or the knife during confinement. Accordingly, the victim is punished by imprisonment with prison labor, considering that he/she had suffered a considerable mental shock.

Provided, That the execution of punishment shall be suspended in consideration of favorable circumstances, such as the fact that the defendant commits a mistake, the fact that there is no record of punishment for the same kind of punishment or more than imprisonment without prison labor, and the punishment shall be determined as ordered in consideration of the age, sex, environment, circumstances after the crime, etc. of the defendant.