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(영문) 부산지방법원 서부지원 2018.08.14 2018고단143
감금등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant maintained the relationship between the victim C (n, 21 years of age) and the victim from May 2015 to December 7, 2015, and sought a statement that there was another person from the victim, even though he/she demanded to do so again, that there was another person from the victim.

1. The Defendant was detained on December 26, 2017 at the “E in the operation of the Defendant located in Busan Northern-gu, Busan, on December 26, 2017.”

He knows that he knows that he knows his address.

"....." After correcting the above door, the victim was prevented from being at home for about 1 hour and 10 minutes.

Accordingly, the defendant detained the victim.

2. The Defendant, on December 26, 2017, has a knife (41.5 cm in total length, 28 cm in length on the day) and “a male-friendly Gu has arisen” with a knife (28 cm in length) that is a dangerous object in the kitchen at the same place as indicated in paragraph 1, around 04:30 on December 26,

male-child care shall be abandoned, d. dead.

The term "the victim" has continued to be "the victim was threatened by carrying dangerous objects, such as the knife of the victim's knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 276(1) (a) of the Criminal Act, and Articles 276(1) (a) (a point of detention) of the Criminal Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - Category 1 (Assault) 4 (Habitual, Cumulative, and Special Intimidation) in the area of mitigation (4 months to 1 year) (special mitigation) in the area of mitigation (4 months to 1 year) (special mitigation) - 2 (Arrest, Confinement, Abandonment, and Abuse) (the scope of the recommended punishment) [the scope of the recommended punishment] in the area of mitigation (1 month to 8 months) in the area of mitigation.

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