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(영문) 수원지방법원 평택지원 2017.04.19 2016고단2250
감금등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 3, 2016, the Defendant was in custody with the victim D (Woo, 45 years old) who was in a relationship with the Defendant on the front side of the Pyeongtaek-si building C at Pyeongtaek-si on August 3, 2016.

In other words, the victim continued to operate a vehicle for about 30 minutes, disregarding the demand of the victim to get off the cruise vehicle parked in advance after getting the victim out of the house, and detained the victim by continuing to operate the vehicle for about 30 minutes.

2. On the same day, the injured Defendant used the gap in the “G University” located in Pyeongtaek-si F on the same day in front of the front door of the 13:43, and caused the victim’s injury that could not know the number of days of treatment by driving away from the Defendant’s car with a view to breaking the victim’s body again from the Defendant’s car with a view to breaking the victim’s body by hand, thereby debrising the victim’s body on the upper end.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to have a witness H telephone conversations);

1. Investigation report (CCTV analysis, etc.);

1. Application of each statute on photographs;

1. Article 276 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

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

(a) Class 1 Crimes (Assaults) [Scope of the recommended punishment] general injury (in the case of a person subject to special mitigation] and the mitigated area (two months to one year) (in the case of a person subject to special mitigation)

(b) Class 2 crime (Arrest, Confinement, Abandonment, and Abuse) / [Scope of Recommendation] General Criteria for Arrest and Confinement, and the mitigated area (one month to eight months) (person who is subject to special mitigation) (a person who is subject to special mitigation)

(c) The scope of final sentence due to the aggravation of multiple offenses: February to April; and

2. Circumstances disadvantageous to the decision of sentence: The fact that there is a high possibility of criticism as a matter of confinement of victims to organize internal relations and causing injury.

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