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(영문) 대전지방법원 2014.02.14 2013고합543
감금치상
Text

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

However, 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

On November 18, 2013, the Defendant: (a) placed the victim on the front side of “D” in Seo-gu Daejeon, Seo-gu, Daejeon on November 18, 2013; (b) placed the victim E (here 19 years of age) on the front line, and operated the FNsccoo in order to prevent the victim from viewing his cell phone; (c) placed the victim’s head head head on the top side of the said vehicle; and (d) prevented the victim from getting out of the vehicle on the back of the vehicle; and (d) placed the victim on the front side of the said vehicle at the G High School located in Seo-gu, Daejeon, Daejeon, from around 09:30 on the same day until the victim was lowered; and (d) caused the victim to have his right side of the vehicle, such as leaving the right side, which requires medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to E and H;

1. Descriptions of a medical certificate;

1. Application of each video statute of limitation on suspected vehicles and photographs of bodily injury to victims;

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The instant crime of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is deemed to have committed the instant crime against a female-friendly employee who does not want to be accompanied by the Defendant in the train, detained him/her in the train, and inflicted an injury on the victim in the course of committing the crime. In light of the risk of the method of committing the crime,

In particular, on January 13, 2012, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Daejeon District Court on January 13, 2012, and the said judgment became final and conclusive, and is not familiar with the instant crime.

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