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(영문) 울산지방법원 2012.11.14.선고 2012고단1807 판결
가.폭력행위등처벌에관한법률위반(공동감금)나.폭행
Cases

Ga. Violation of the Punishment of Violences, etc. Act (joint confinement)

(b) Violence;

Defendant

1.(a) A

2.(a) B

Prosecutor

The date of truth-finding, the date of gambling, and the public trial;

Defense Counsel

Attorney Lee Sung-jin (Presiding Justice for Defendant A)

Attorney Park Jong-ho (Presiding Justice for Defendant B)

Imposition of Judgment

November 14, 2012

Text

Defendant A shall be punished by a fine of KRW 3,00,000 and a fine of KRW 700,000,000, respectively. In the event that the Defendants did not pay each of the above fines, the Defendants shall be confined in the workhouse for the period calculated by converting the amount of KRW 50,000 into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Reasons

Criminal History Office

Defendant A is a person who is in a marital relationship with the victim C (ma, 42 years of age) and is a person who became aware of the Defendant A who had been a guest while running an entertainment drinking club. Defendant A requested divorce by a victim of domestic violence, such as assaulting the victim or threatening in knife during marriage life, but the victim refused it. The victim filed a divorce lawsuit with the Ulsan District Court on March 26, 2012, and thereafter, there is a conflict between the two sons from that time.

1. On April 7, 2012, Defendant A found Defendant B as a main point operated by Defendant B, and asked Defendant B to “the wife is doing a couple fighting and coming to work at the third Vice Commissioner, who is aware of the third Vice Vice Commissioner, so he is able to do so, so that he is able to do so, and Defendant B consented to this, and the Defendants conspired in advance to commit a crime. Defendant B was on April 19:20 of 201, and was accompanied by Defendant B’s wife ***** * * * * * * * * * the victim was on the front of the third Vice Commissioner of the Large Special Motor Vehicle that the victim was working in Ulsanbuk-gu as a third party while driving his vehicle.

When the injured party leaves a door of the vehicle and the driver's seat are brought to the front side of the vehicle, the defendant B driven the above vehicle, and voluntarily stopped the vehicle, and the defendant A opened the driver's seat by force, with his hand open the driver's seat to the left side of the victim, and brought the vehicle out of the vehicle.

The victim brought an resistance, such as lying the body of the victim on the front side and moving the brupt. However, the defendant A brought the victim's body out of the vehicle, kiddd the victim out of the vehicle, opened the rear door of the driver's seat on the vehicle, and forced the victim to move the victim into the vehicle, and tightly close the door on the vehicle, and called the defendant B "on the vehicle". The defendant B, while driving the vehicle, tried to see whether the victim "I am out of the vehicle, I am out of the vehicle, I am out of the vehicle, I am "I am? I am?? I am on the vehicle, I am am on the vehicle, I am the victim's door, and am off the vehicle, and tried to get the victim's silent about 7 to 8. I am on the vehicle."

The Defendants jointly detained the victims for about 10 minutes by putting about 3 kilometers away from the third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the third third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the third parallel of the

2. On April 7, 2012, Defendant A: (a) committed assault against the victim, on the ground that Defendant A forced the victim C in front of the Damoel located in Ulsan-gu, Ulsan-gu to enter into the telecom; (b) however, the victim, on the ground that he did not have a couple, requested the police report; and (c) refused to do so, assaulted the victim’s her hand on the ground that the victim’s her name was “a couple, not a couple, demanded the police report.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness C and A;

1. Each police statement of C;

1. A photograph of parts of the victim's body;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement), Article 260(1) of the Criminal Act (the point of violence), and Article 260(1) of the Criminal Act (the point of punishment of violence). Defendant B: Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the selection of fines)

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Young-young

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