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(영문) 제주지방법원 2017.01.19 2016고단2502
특수감금
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

around 13:30 on October 11, 2016, the Defendant: (a) entered the beauty art room in the “D” operated by the Defendant on the ground that the Victim C (A) in Jeju-si B (AB) does not have any longer the victim any longer; (b) prevented the Defendant from forced the victim from leaving the entrance to the said beauty art room; (c) prevented the Defendant from getting out of the entrance; and (d) as to whether the oil was contained in a majority of twits (500 ml, etc.) which were prepared in advance, she seems to have taken the place on an emergency basis, which is a dangerous thing that she was lick and dangerous to her head; and (d) attached the complaint against the oil.

It should be discarded if the driver's license is less than the driver's license, and the driver's license is discarded in front of the match.

“Abrupted, such as crypted, and threatened a person as if the person were to commit suicide within the beauty room.”

Accordingly, the defendant carried dangerous articles and detained the victim about about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. 112 Reporting case handling table;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 278 of the Criminal Act, Articles 276 (1) and 276 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, and the general criteria for arrest and confinement shall be the mitigated area (six months to two years) (including efforts taken seriously to recover damage) of the mitigated area (six months to two years);

2. The Defendant’s age, sex, environment, the background and consequence leading to the instant crime, the circumstances after the commission of the crime, the number of similar cases, and other various sentencing conditions as shown in the instant pleadings are considered. In particular, the following circumstances should be taken into account: (a) the Defendant, who was employed by a customer, was frightening to the victim who was employed as a customer in the entertainment bar for a month.

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