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(영문) 대구지방법원 2012.09.07 2012고합377
특수감금치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 11, 2012, at around 22:30, the Defendant was unable to take the victim into account the victim D (here, 26 years of age) who had been employed by the Defendant at a restaurant operated by the Defendant prior to the time, as he did not pay monthly wages.

Then, the defendant was driving the above vehicle in the vicinity of the victim's residence in the same Dong, and was driving the vehicle around 23:00 on the same day, and then "I am to go to the victim," and "I am to go to the victim."

However, when the victim refuses this, the defendant gets off the victim's knife (30.5 cm in total length, 17 cm in knife) that is a dangerous object in the vehicle, and threatened the victim with "a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif."

As a result, the Defendant, carrying dangerous things, detained the victim, and suffered bodily injury, such as the damage of the satise and the satise, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (in cases of photographs taken by the victim at the time of damage, accompanying pictures of the frequency of evidence taken by the victim);

1. Article 281 (1) (main sentence), Articles 278 and 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62(1) of the Criminal Act does not have any other criminal records as well as one fine for driving under drinking during the last ten years, and the defendant repents his mistake, and only 2.5 million won for the victim.

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