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(영문) 인천지방법원 2020.10.21 2020고단6938
감금등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around December 2018, the Defendant was bling with the victim B (n, 21 years of age).

Around January 2019, the victim reported marriage with the victim, and the divorce was made on May 10, 2019.

1. On July 26, 2020, around 16:10 on July 26, 2020, the Defendant entering a residence was at the time of the victim’s house located in Michuhol-gu Incheon building C, Michuhol-gu, Incheon, and was on the rooftop of a commercial building in contact with the victim’s house on the ground that the victim’s house does not contact the Defendant, and went to the victim’s house through the prevention of abortion installed between the victim’s residence and the commercial rooftop, and entered the victim’s house and the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant detained the victim for about 15 minutes by putting the body of the victim who intends to flee out of the house at the time and place set forth in paragraph (1), leaving the body of the victim who wants to flee out of the house by hand, leaving the floor above the floor in the same manner as the victim wanting to flee out of the house, and preventing the victim from getting out of the house.

Summary of Evidence

1. Application of Acts and subordinate statutes to report (on-site situation, etc.) the defendant's legal statement B and each police statement to E;

1. Relevant Article 319(1) of the Criminal Act, Article 276(1) of the Criminal Act and Article 276(1) of the Criminal Act, the choice of imprisonment for a crime

1. From among concurrent crimes, the Defendant committed the instant crime against the victim on May 15, 2020, even though he was sentenced to imprisonment with prison labor for two years in the Incheon District Court Branch Branch of the Incheon District Court and three years of suspended execution on the grounds that the Defendant committed the instant crime against the same victim, including attempted rape, confinement, etc., committed against the same victim.

The Defendant already expressed that “I do not want to see. I do so, we do so,” and even though I expressed clearly that I do not intend to do so with the Defendant.

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