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(영문) 서울중앙지방법원 2015.01.15 2014고합1351

감금치상

Text

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

except that 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

On October 4, 2014, at around 03:50, the Defendant: (a) driven a food-tank D car, which is the Defendant’s ownership, on the road located in the G Station No. 1 in Gangnam-gu Seoul Metropolitan Government, prior to the departure of the G Station No. 1 in Gangnam-gu, and (b) moved along a route, reported the victim E (n.e., 25 years old); (c) as if the victim lost his mobile phone, got off his cell phone as if he lost his mobile phone, lent his cell phone, and talked with him; and (d) induced the victim to walk up to the H hotel located in the G Station located near about about 300 meters away from the G basin, thereby inducing the victim to move on the vehicle.

After getting the victim into a destination, the Defendant operated the car to the same club located in the pressure-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, through the shooting distance of a branch hospital and operated the car to the same club, and even upon receiving a request from the victim to get out of the same club, the Defendant made the victim use approximately 3 km from the new club to the north of the same club so that the victim may not get out of the vehicle, and caused the victim to suffer from the injury, such as knee, knee, kne, kne, kne, kne, etc., which requires two-day medical treatment by having the victim open and escape from the above vehicle that is driven by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Investigation report (Attachment of victim E data - Application for carbon);

1. A medical expenses statement and each medical certificate;

1. Application of each statute on photographs;

1. The first sentence of Article 281 (1) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (the grounds for discretionary mitigation)

1. In full view of the following circumstances acknowledged by the evidence of each judgment as to whether the Defendant intentionally detained the victim under confinement, the Defendant was 10 minutes after leaving the victim for a passenger car.