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(영문) 춘천지방법원 원주지원 2015.12.09 2015고단933
감금등
Text

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

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

Reasons

Punishment of the crime

1. On October 3, 2015, the Defendant: (a) around 10:30 on the 10:30th day, the Defendant: (b) had the victim D (the 40-year-old age) on the top of the steering force of the car in the Dopung-dong of the Seoul Metropolitan City, which he drives, and (c) had the victim D (the 40-year-old age), operated the said car until the Haju-ju; and (b) had been requested by the victim to get off several occasions during the process of driving the car at the time of the original state, while having a dispute with the victim, the Defendant neglected his demand; (c) the victim could not get off the said car from the said car at around 16:0 on the same day due to the sudden starting of the vehicle.

Accordingly, the defendant detained the victim.

2. On October 3, 2015, the Defendant: (a) driven a car and driven the car on the road in the strict security direction at the Chungcheong time; and (b) went out of the window on the side of the driver’s seat by cutting off the cellular phone used by the victim while driving the car at around 11:30,015.

Accordingly, the defendant damaged one mobile phone (LG-G2) of a value equivalent to 700,000 won at the market price of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (verification of the place of occurrence of a case and cellular phone damage, etc.);

1. Relevant Article 276(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 276 of the Criminal Act, the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the victim's intention not to punish him/her, the crime committed during the period of suspended execution, and the records of the same crime;

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