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(영문) 서울서부지방법원 2018.07.10 2018고정100
감금등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim C are private persons for three years.

1. On August 18, 2017, the Defendant was assaulted by the Defendant’s body to prevent the victim’s body from going to the front of the victim’s body, to prevent the victim’s body from getting out of the guest room of this case, and to stop the victim’s body by hand, to stop the victim’s body, and to stop the victim’s body from getting out of the guest room of this case, and to let the victim get out of the guest room of this case, the Defendant detained the victim for about 30 minutes by having the victim out of the guest room of this case.

2. The Defendant, at the time and place specified in the preceding paragraph, brought the victim’s cell phone with data necessary for the victim’s school affairs at the time and place, rejected the victim’s request to return the cell phone and did not return the victim’s cell phone. As such, the Defendant caused the victim to be unable to use his/her cell phone for about five days.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (related to telephone conversations of a taxi engineer boarding before the hotel of the case at the time of the case by the suspect and the injured person), investigation report (the confirmation and attachment of the suspect's submitted image);

1. Application of the Acts and subordinate statutes on CDs taken directly by the victim C's cell phone photograph, by the victim C, after the occurrence of the instant case, by the victim A's cell phone photograph, by the victim C;

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement), Article 366 of the Criminal Act (the point of destruction of property), and the selection of fines for a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The defendant shall prevent the victim from committing a dangerous act.

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