(영문) 대전지방법원 천안지원 2015.02.13 2014고단1560

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(영문) 대전지방법원 천안지원 2015.02.13 2014고단1560

감금등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

around April 2013, the Defendant met the Victim B (V, 30 years of age) with the victim around December 2, 2013.

1. On June 20, 2014, around 00:30 on June 20, 2014, the Defendant: (a) around the victim’s workplace located in Seo-gu, Seo-gu, Seo-gu; (b) during the time the victim was waiting for leaving the building, requested the victim to board a DNA car that was prepared in advance by going out of the building; (c) but the victim rejected it; (d) forced the victim to go back to the back of the vehicle; and (d) detained the victim for approximately two hours in a way that the victim was not deprived of the victim while driving the vehicle.

2. Around 00:40 on June 20, 2014, the injured Defendant stopped in the Seo-gu Seo-gu Seoul Gongmban-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant 2014: (a) caused the victim’s injury to the Defendant’s vehicle, on the ground that the victim was unable to meet with the Defendant’s phone without the Defendant’s telephone, and, on the ground that “I will continue to answer questions as to whether I would like to do so; and (b) caused the victim’s injury to light the victim’s neck, such as the victim’s face and hair, and caused the victim to spread in the front of the victim’s eye.”

3. A quasi-indecent act by compulsion: (a) on June 20, 2014, the Defendant committed indecent act by compulsion on the part of the Defendant’s vehicle parked at the Sungbuk-gu Seongbuk-gu Seongbuk-gu, Seocheon-gu, Seocheon-si, in a manner that only the victim’s chest, tum, etc., who was in the state of failing to resist due to his/her humf and attempted to go out of the panty.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The applicable legal provisions of Articles 276 (1), 257 (1), 29, and 298 of the Criminal Act concerning criminal facts and the choice of imprisonment for a definite term;

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

1. Article 62(1) of the Criminal Act:

참조조문

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