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(영문) 대전지방법원 2017.02.10 2016고합470
감금치상등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 14:00 on May 16, 2016, the Defendant: (a) heard the horses from the victim D (n, 22 years of age) who was sexually friendly in the vicinity of the Special Self-Governing City of Sejong Special Self-Governing City C; and (b) requested the Defendant to continue to teach the said car at the G University located in Daejeon Seosung-gu F by burning the victim on his/her own; (c) but (d) he/she was refused to stop to teach the car; and (d) he/she went to drive the said car as it was at the time of the Sejong Special Self-Governing City of Sejong.

At around 15:10 on the same day, the Defendant was placed with the arms of the victim demanding the driver to stop the said car in his hand from the time of driving the car to the vacant in the vicinity of the Special Self-Governing City H of Sejong Special Self-Governing City on the same day, and received the parts of the left-hand snow of the victim due to head.

As a result, the defendant detained the victim for about 1 hour and 10 minutes, and in the process, the victim suffered from the injury of the victim, such as the left-hand snow pool and the open room around the snow, and the above arms in the process.

2. On May 16, 2016, the Defendant forced the Defendant to use a loan certificate to the effect that “A female borrowed KRW 3 million on March 1, 2016,” by threatening the said victim to the effect that “I would distribute to the surrounding people the son’s photo without preparing a loan certificate, who would pay the expenses incurred by him/her during his/her teaching process,” and that “I borrowed the son’s photo on March 1, 2016.”

In this respect, the defendant threatened the victim to perform an act of non-performance of obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The loan certificate;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to on-site photographs and photographs damaged by victims;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 281(1), 276(1) (a) of the Criminal Act concerning the choice of punishment, and Article 324(1) (a) of the Criminal Act concerning the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the crime of bodily injury resulting from heavy confinement) of the Criminal Act by aggravation of concurrent crimes.

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