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(영문) 서울중앙지방법원 2018.04.25 2017고단8866
특수폭행등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant, from around October 2017, committed the crime on December 1, 2017 (limited to confinement) with the victim C (nive, 44 years of age). The victim, from the end of November 2017, she saw the Defendant as a hedge.

The demand was made.

On December 1, 2017, around 19:30 on December 1, 2017, the Defendant talked that the victim would have been living in the workplace with the Defendant before the residence of the victim of the Eunpyeong-gu Seoul Building, and that the victim would have been living in the workplace. On the other hand, the Defendant went the victim into the Defendant Esp motor vehicle, set the door of the vehicle, and opened the governance of the vehicle.

Ien today's death, "I see," and "I see," that the victim could not get out of the vehicle by taking possession, such as a mobile phone, from the victim, so I am located in Gangwon-do. On December 2, 2017, at around 05:00, I am back to the defendant's house of Seoul Jongno-gu Seoul JongnoroFtel 304, and the victim " 10 minutes in the house" to the victim.

“Along with the Defendant’s house, the victimized person was going into the Defendant’s house and was prevented from going out of the Defendant’s house by preventing the victimized person from going out of the Defendant’s house until December 15, 2017.

Accordingly, the Defendant detained the victim for about 19 hours and 30 minutes.

2. The Defendant, on December 8, 2017, was committing a crime (special assault and confinement) (special assault and confinement) around 01:00 on December 8, 2017, and the Defendant, on December 8, 2017, at the “H singing shop” located in Jongno-gu Seoul Metropolitan Government, that the victim would first live in his house while drinking together with the victim.

On the ground of a beer’s disease, which is a dangerous object on the table of the defect table, the victim was detained for about 3 hours and 30 minutes by preventing the victim from going in the singing room until December 8, 2017 by blocking the victim from going in the singing room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to the investigation report (in relation to the statement of the main place of business);

1. Article 276 of the Criminal Code as to the facts constituting the crime.

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