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(영문) 인천지방법원 2020.10.07 2020고정1308
감금등
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a resident of the Nam-gu, Incheon, Dong-gu B lending C, and the victim D (V, 75 years of age) is a resident of the E, and the Defendant thought that the victim was stolen of the Defendant’s bicycle in the past, and thought that the victim was guilty of the Defendant’s bicycle.

1. At around 11:20 on December 8, 2019, the Defendant detained the victim for about 20 minutes by taking the length between the entrance and the stairs to a reducedr in order to prevent the victim from leaving the house, and cutting the victim away from the entrance and the stairs, and allowing the victim not to open the entrance and stairs.

2. The Defendant attempted to destroy and damage property at the above temporary location, and the victim’s dwelling windows, which were cited by the Defendant’s house in order to make hole on the victim’s dwelling windows, and attempted to destroy and damage the said windows on several occasions, but did not damage the windows.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Application of Acts and subordinate statutes to internal investigation reports, field photographs, 112 reports treatment marks, investigation reports (Evidence List No. 16);

1. Relevant Article 276(1) of the Criminal Act, Articles 371 and 366 of the Criminal Act, the choice of a fine for a crime, the choice of a penalty, and the choice of a fine for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (in the event that a suspended sentence of execution is invalidated or revoked) has been thought to have been stolen by the Defendant’s bicycle, and thus, in order to prevent the victim from getting out of the piracy, the victim tried to damage the crypt and damage the windows by cutting the crypt and destroying the windows so that the victim could not get out of the crypt.

The punishment equivalent to the summary order shall be determined considering the sentencing conditions of Article 51 of the Criminal Act, including the fact that the defendant is old, the fact that there is no record of punishment and the fact that there is no record of punishment, but the execution of the sentence will be suspended particularly.

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