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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1259
감금미수등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 14, 2019, around 00:50, the Defendant attempted to search for the victim’s residence at the above place, which is the victim’s residence, and attempted to talk about the victim. However, when the victim refused it, the Defendant was willing to arrest the victim by burning the C body-to-car car, leading the victim’s two arms, and intending to embark on the head of the above body-to-day car, but the Defendant did not sleep the victim. However, the Defendant continued to walk the victim into the driver’s seat, and the Defendant did not resist the victim, but failed to resist the victim strongly.

Accordingly, the defendant tried to confine the victim into the passenger car at the upper end, but did not bring about the intention and did not commit the attempted crime.

2. The Defendant: (a) attempted to force the victim to board a C body-man car at the time and place specified in Paragraph (1) at the time and place specified in Paragraph (1) of this Article; (b) the victim strongly resisted and failed to achieve its intent; and (c) the victim’s market value, which was owned by his/her hand, has a single gallon thallon No No. 8 mobile phone unit, and caused the victim not to use it by concealing it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Application of statutes on site photographs;

1. Article 280 of the Criminal Act, Articles 280, 276 (1) of the Criminal Act (the attempted confinement), Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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. The grounds for sentencing under Article 62-2 of the Probation Criminal Act, the first offender, the reflectiveness, the second offender, the second and last agreement with the victim as favorable factors for sentencing, the fact that in light of the circumstances and methods of the crime is highly dangerous factors for sentencing, the defendant's age, character and conduct, and circumstances after the crime, etc. shall be deemed disadvantageous factors for sentencing.

1. This part of the facts charged

(a) On June 11, 2019:

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