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(영문) 서울중앙지방법원 2016.11.25 2016고합1062
감금치상
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

[Criminal Power] On July 21, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for the obstruction of performance of official duties at the Seoul Central District Court, and the said judgment became final and conclusive on July 29, 2016.

【Criminal Facts】

around 00:00 on July 7, 2016, on the grounds that the defendant's house located in Jung-gu Seoul Metropolitan Government C Apartment 106 2705 and 2705, and that the victim D (the 50-year old age), who is a female living together, wanted to be assaulted by the defendant under the influence of alcohol, the defendant attached the victim to her face, scar, scar, arms, etc., and continued to stop the victim's escape, knife the victim's body, knife the victim's body, knife the victim's body, knife the victim's body, and knife the part of the victim, and then knife the victim's body by the same method from 01:00 on the same day.

As a result, the Defendant detained the victim for about one hour, resulting in a hole for the victim's entrance, resulting in an excessive bid in wood and arms, and resulting in an injury to the victim's days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgment);

1. The first sentence of Article 281 (1) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Six months to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. The sentencing criteria do not apply to the crimes of obstruction of performance of official duties, for which the judgment and the crimes of obstruction of performance of official duties became final and conclusive, as they are in the relationship of latter concurrent crimes of Article 37 of the Criminal Act.

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