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(영문) 부산지방법원 2018.10.18 2018고정1280
감금
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A(21) is free from office, and is between the victim C(21 tax, female) and the victim C(n).

The Defendant, from March 23, 2018 to 09:00 on March 23, 2018, set up a BMW car in front of Busan Jin-gu, Busan, and had the victim as the victim.

Although it was requested by the victim, he refused, changed, and tried to do so, the victim was detained for about one hour by cutting the cell phone from his cell phone so that the victim who is intending to open and get a door of the vehicle does not escape, and by preventing the victim from getting off the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement with respect to C and F;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of coffees and convenience stores), each investigation report (the hearing of statements by a victim);

1. Article 276 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Since the application of the sentencing guidelines is selected, the sentencing guidelines do not apply. 2. The sentencing guidelines should be imposed as ordered in consideration of the motive and background of the sentence, the victim’s withdrawal of the complaint, the defendant’s age, family circumstances, criminal records, etc.

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