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(영문) 창원지방법원 진주지원 2014.06.18 2013고정799
폭력행위등처벌에관한법률위반(공동감금)
Text

Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

While the Defendants did not receive the payment from the victim D, at around 16:20 on March 13, 2013, Defendant A arrested the victim by not later than 20:00 on the same day by making it possible for the Defendant A to find the victim at the F F dry parking lot located in Jin-si, Jin-si, and not to have any other place by attaching the victim’s hared, and Defendant B arrived at the same place at around 16:30, and Defendant B, upon arrival at around 16:30, would bring the victim with the victim’s hared., Defendant B, upon the request of the victim to send the victim, had the victim’s hared, and prevented the victim from getting out of the place by attaching the victim’s hared while having the victim’s hared.

Summary of Evidence

1. The Defendants’ partial statements in the first and second trial records;

1. Application of the Acts and subordinate statutes on witness D and G's respective legal statements;

1. The Defendants: Article 2 (2) and (1) 2 of the Punishment of Violences, etc. Act and Article 276 (1) of the Criminal Act concerning the punishment of crimes;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is only a discussion about the repayment of the construction cost that was not received from the victim and the victim, and the victim was voluntarily the same as the Defendants.

The victim avoided the contact between Defendant A, the creditor, and the Defendants committed one act to discuss the repayment of obligations with the victim and thus constitutes a justifiable act.

2. According to the judgment witness D, G investigation agency, and court statement, criminal facts are proved to the extent that there is no reasonable doubt.

Furthermore, in light of the circumstances at the time of the instant crime, such as the Defendants’ act and the time when the victim did not leave the scene, the Defendants’ act.

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