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(영문) 수원지방법원 평택지원 2018.05.04 2018고단25
감금미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2017, the Defendant: (a) 01:30 on the trade name in Pyeongtaek-si B, who walked a path to return home under the influence of alcohol in front of the trade name C in Pyeongtaek-si B; (b) d (32 years old); (c) drawing the alcohol with one’s high-priced vehicle; and (d) drawing the victim, among the attempts to talk, was forced by the victim to take the arms by hand due to defective defects; (b) drawing the knife with the knife; and (c) drawing the knife on the vehicle; and (d) drawing the knife and attempted the knife on the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation;

1. Application of each statute on photographs;

1. Articles 280 and 276 (1) of the Criminal Act relating to the facts constituting an offense;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstances such as confession, reflectivity, and the fact that there is no particular criminal history prior to the crime committed after being sentenced to a fine due to a violation of the Road Act around 2009, such as the fact that there is no specific criminal history prior to the crime, and that the defendant is not subject to punishment by agreement with the victim: The defendant's age, family relation, and circumstances leading to the crime, etc.: It is so decided as per Disposition on the grounds of a fine of not less than 4,00,000 won.

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