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(영문) 인천지방법원 부천지원 2019.01.25 2018고합206
감금치상
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 00:00 on August 2, 2018, the Defendant initially viewed the victim D (n, 40 years of age) from the convenience store B located in Ansan-si, Seoul-si, the members of the Dong-gu, Seoul-si, for the purpose of the outdoor summary test.

On August 2, 2018, at around 01:32, the Defendant: (a) placed the victim in the FMoel G guest room located in Ansan-gu, Sinsan-si (hereinafter “instant guest room”); (b) placed the victim in a shower room without any special reasons after being drunked with the victim; and (c) placed the victim in a knife twice in a knife with her hand after being pushed the victim; and (d) placed the victim’s face and her body in a knife with drinking. The Defendant avoided the foregoing assault and led the victim out of the instant guest room, leading the victim into the instant guest room again, leading the victim to the escape for about 30 minutes from the instant guest room; and (b) caused the victim’s injury, such as normal blood transfusion at the left side of the inner part, if it is necessary for treatment between approximately 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Each simple statement of D and H;

1. A medical certificate of injury of a doctor I;

1. A report on internal investigation:

1. A vice photograph of the victim immediately after damage;

1. The application of Acts and subordinate statutes as a result of reproduction and viewing of video images related to crime;

1. The first sentence of Article 281 (1) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. The assertion of the defendant and his/her defense counsel as to the argument of the defendant and his/her defense counsel regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances of sentencing)

A. The Defendant did not inflict any injury on the victim, such as cutting the victim’s timber or booming the victim within the guest room of this case.

The Defendant entered the guest room of this case and went out of the guest room of this case while the victim was the victim of the passenger room of this case, and went out of the guest room of this case, and only he was aware of the victim to file a petition for the victim and went out into the guest room of this case.

B. The defendant is an intelligence index of 68.

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