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(영문) 인천지방법원 2018.06.18 2018고정1114
감금등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B (n, 22 years old) are related to each other.

피고인은 2018. 2. 15. 17:00 경 인천 남동구 C 6 층 D 오피스텔 131호 주거지 내에서, 피해자의 친구들이 자신의 욕을 했다는 이유로 말싸움을 하던 중, 화가 나 피해자에게 큰소리로 욕설을 하면서 위 장소 싱크대 위에 있던 가위를 손에 들어 손목을 그을 것처럼 시늉하였고, 이에 겁을 먹은 피해자가 헤어지자고

After that, the victim was placed under confinement for about one hour, such as preventing clothes from wearing out of the country.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on internal investigation reports and damaged photographs;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On February 15, 2018, the Defendant: (a) around 17:00 on February 15, 2018, when the victim B’s face was taken as drinking several times within the residence of the Nam-gu Incheon Metropolitan City 6th floor Dtel 131; and (b) continued to assault the victim’s body, which is scept down on the floor, by drinking several times.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

C. The expression of intention not to punish: On March 7, 2018, after the institution of the instant indictment, a written agreement that contains the victim’s expression of intention not to punish the victim was withdrawn.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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