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(영문) 광주지방법원 2019.03.27 2019고단197
특수감금등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On January 11, 2019, at around 16:55, the Defendant entered the family of the victim C in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, about 16:55, the Defendant had the victim open the door and intruded the victim’s residence by carrying with him food knife (30cm in total length) and knife (30cm in total) a dangerous object, which was prepared in advance for the victim’s family members, such as the victim, etc., in mind.

2. A special confinement Defendant intruded the victim’s house at a time, at the same time, and at the same place as in paragraph (1), and threatened the knife, which is a dangerous object, with the victim’s knife and with the tape, detained the victim’s knife and knife on the roof and tape by not later than 17:30 of the following day, and detained the victim in the above main place by not later than 24:00 on the same day, such as: (a) continuing the victim’s knife and knife away from the house; (b) moving the victim’s knife onto the Defendant’s vehicle; and (c) moving the victim’s knife and knife onto the Defendant’s vehicle; and (d) keeping the victim’s cell phone back

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and F;

1. On-site CCTV photographs and photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 278, 276 (1) of the Criminal Act (the point of special confinement and the choice of imprisonment), and Articles 320 and 319 (1) of the Criminal Act (the point of special intrusion on residence) of the choice of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act - favorable circumstances: The fact that the defendant acknowledges most of his/her mistakes, that the defendant agreed with the victim, that the defendant is the primary offender, and that the defendant is disadvantageous:

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