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(영문) 서울북부지방법원 2017.05.19 2016고정2308
감금등
Text

Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 75,000 won.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant, at around 07:40, committed assault against the victim by putting the victim’s bat around the entrance of the above residence, on his hand, on the ground that the said victim C takes a bath.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that the victim has expressed his/her intent to see his/her own house and has made a dispute with him/her at the time of his/her ruling);

1. The legal statement of the witness C;

1. Application of video-related Acts and subordinate statutes to images of the victim (a photograph of the victim, the part of which is increased by the length of wood);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On July 10, 2014, the Defendant: (a) around 20:12, around the rooftop entrance of the Defendant’s residence located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) considered the victim C (V, 66 years old), a neighboring party to the same building that was not good, going up on the rooftop; and (c) detained the victim of the rooftop door locks for a total of KRW 10,00,000.

2. The Defendant determined that this part of the facts charged reveals that the Defendant laid up a stone baton the rooftop and laid down a few constrhing the door of the rooftop, and caused the damage to the rooftop, which led to the fact that the damaged person was detained in the inside and outside of the rooftop, but at the time, the Defendant was locked the door without knowing that the damaged person was on the rooftop, and therefore, there is no criminal intent for confinement.

A victim's statement is made as evidence corresponding to this part of the facts charged.

The victim was listed on the rooftop at the time, and there was a fact that the defendant was able to see.

However, at the time of this part of the facts charged, there is a motive for the defendant to detain the victim.

It is not visible that the victim filed a complaint against the defendant on the case of assault after the lapse of two years from the pertinent date. This part of the facts charged is the starting point of time.

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