(영문) 서울남부지방법원 2018.03.07 2017고단4630

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(영문) 서울남부지방법원 2018.03.07 2017고단4630

감금

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant returned to the Defendant from around December 2016, the Victim C (Y, 27 years of age) and December 2016. On July 21, 2017, the Defendant made a verbal dispute with the Victim.

around 22:00 on the same day, the Defendant sent the victim to the victim at the vicinity of the victim's house located in Yeongdeungpo-gu Seoul Metropolitan Government, and talked with the victim "any defect in talking out of the train", and went into the victim's Estyna car owned by the Defendant, and died as the victim.

In addition, the victim who frightened and frighten f was landed, but without complying with it, frightened to G in Ansan-gu.

In addition, on July 22, 2017, the Defendant again driven the said car and failed to comply with the request from the injured party to the place of the said injured party's house in Ansan-si, through the Defendant's office located in H at the time of Ansan-si. In addition, on July 22, 2017, the Defendant failed to get off the vehicle and prevented the injured party from getting off the vehicle.

As such, the Defendant detained the victim for about 13 hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness C’s statutory statement law

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant commits the same kind of crime or has no record of criminal punishment exceeding the fine, the fact that the injured person does not want the punishment of the defendant in agreement with the injured party, and the fact that the defendant commits the crimes);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제276조 제1항

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