logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.29 2015고정1758
폭력행위등처벌에관한법률위반(공동감금)
Text

Defendant

A shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

- Defendant A purchased melting the victim D(59 tax) for about four years, and then conspired to arrest and detain the victim upon requesting the purchase of approximately KRW 65 million of the outstanding amount to the residents of the same building that did not repay the outstanding amount.

On March 5, 2015, around 12:30 on March 5, 2015, the Defendant and the Defendant moved the victim to the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, by forcing the victim to take out the fat-house B owned by the Defendant and B, and then moving the victim to the Defendant’s house located in G2 on the same day at around 13:00.

After that, the defendant and B reported to the police the fact that the victim escaped.

After the night, the victim continued to monitor the victim by saving the victim's hand with the string of the victim's hand and preventing him/her from escape.

The Defendant, in collaboration with B, detained the victim during a day from March 1, 2015 to March 6, 2015.

Summary of Evidence

1. Legal statement of the witness D;

1. Part concerning the statement made in D in the suspect interrogation protocol against Defendant A by the prosecution

1. Each police statement made with H and D;

1. 112 Reports, and letters of arrest of flagrant offenders (A, B);

1. Application of the Acts and subordinate statutes concerning eight photographs and five photographs;

1. Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 276(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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 - Defendant B

1. The summary of this part of the facts charged is that the Defendant detained the victim D, as stated in the above facts charged, at the time and place of the crime jointly with A.

2. According to the diagnosis of death bound in the judgment records, and the inquiry of residents, the fact that the defendant died after the prosecution of this case is recognized. Thus, the prosecution shall be instituted by decision pursuant to Article 328 subparagraph 2 of the Criminal Procedure Act.

arrow