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(영문) 울산지방법원 2021.4.23. 선고 2021고합8 판결
감금치상
Cases

2021 Injury caused by confinement

Defendant

A, 198 N, South and North

Residence

Reference domicile

Prosecutor

Lee Woo-woo (Court) (Court of First Instance) (Court of Justice)

Defense Counsel

Attorney Lee Jong-hoon (Korean)

Imposition of Judgment

April 23, 2021

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 40 hours.

Reasons

Punishment of the crime

From October 2019 to October 2019, the Defendant was able to teach with the victim B (the age of 20, the age of 20).

At around 00:25 on September 24, 2020, the Defendant demanded that the victim be more defective in the vicinity of the Cmiddle School located in Ulsan-gu, Ulsan-do, but the victim refused it and tried to go together, the victim was placed in the seat of the victim, and the victim was forced to be pushed into the victim's hand.

While the Defendant was boarding the above vehicle and driving the vehicle on the Eth page in Ulsansan-gu, the Defendant was faced with the face and head of the victim by her hand, her face and head by her hand, her head, her head, and her head, her head, and her head is pushed off by another hand.

In addition, the Defendant: (a) committed violence against the victim, such as the victim’s defect in opening the front door and attempting to flee; (b) shaking the victim’s head debt; and (c) obstructed the victim from leaving the vehicle; (d) by driving the above vehicle against the victim’s will from 02:00 on the same day until 02:00; (b) stopped at F branch in Ulsan-gu, Ulsan-gu, U.S.; (c) demanded the victim to talk with the victim; (d) however, the victim was able to talk with the victim; (e) how the victim’s face is well frighted; (e) the victim’s resistance, such as the victim’s seat, is frightened and frighted; and (e) the victim’s frighten and frighted.

Accordingly, the Defendant detained the victim with approximately one hour and 35 minutes per hour as above, and put the victim a eye around the snow that requires approximately two weeks of treatment.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Articles 281(1) (main sentence) and 276(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

1. Scope of punishment by law: One year to 30 years; and

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Arrest, confinement, or abandonment abuse crime; b. Arrest and confinement where the result of injury occurs

【Special Exemplarys] Reductions: Minor Bodily Injury, Non-Punishments

[Recommendation and Scope of Recommendations] Special Mitigation Area, Imprisonment from three months to one year and six months;

【Scope of Recommendations as amended in accordance with the applicable sentence】

From one to half years of imprisonment (in case that the lower limit of the range of sentence recommended by the sentencing criteria is inconsistent with the lower limit of the applicable sentencing range in law, it shall be in accordance with the lower limit of the applicable sentencing range in law).

3. Determination of sentence;

Although the defendant requested a conversation to the victim, the victim refused it, and detained the victim and suffered bodily injury. In light of the circumstances of the crime, etc., the nature of the crime is not easy.

However, the defendant recognized the crime of this case and reflects the wrongness of the defendant, and there is no record of punishment, the injury suffered by the victim is relatively not severe, the victim does not want the punishment of the defendant under the agreement with the victim, and the defendant's age, character and conduct, environment, etc., and all the sentencing conditions specified in the arguments of this case shall be determined as ordered.

Judges

Judges Yellow-gu et al.

Judges Cho fixed-term

Judges Park Jin-jin

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