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(영문) 부산지방법원 동부지원 2017.11.07 2017고합190
감금치상
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim C (V, 56 years old) are related persons.

On June 10, 2017, around 14:05, the Defendant discovered the victims coming from urban buses in the vicinity of the bus stops located in Busan Young-gu, Busan Metropolitan City, and the victims called “sleep on a vehicle to talk about a locked.” However, as the victims were rejected, the Defendant forced the victims to get off their arms, and operated the said taxi.

Although the defendant received a request from the injured party for a continuous demand, he saw the victim's arms intending to open the early door several times, and the injured party got knick several times on the same day and 14:25, around the same day, 15 km away from the south-gu Busan Hoho-dong, Busan.

As a result, the Defendant detained the victim for about 20 minutes, thereby causing injury to the victim, such as “blue blusium and other parts of blusium,” which need to be treated for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Police seizure records;

1. A report on the investigation by police and the prosecution;

1. 112 Reports, records of processing of reported cases, reports on evaluation of criminal victims, and recording records;

1. A photograph of the upper part of the victim's body, a black stuff image, or a CCTV image to take a course;

1. Application of Acts and subordinate statutes governing the place of completion records;

1. Article 281 (1) (main sentence) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

2. Article 62 (1) of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing).

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders.

1. Scope of applicable sentences under law: One year to 30 years; and

2. Class 1 (Bodily Injury resulting from Special Sentencing) (Bodily Injury resulting from Arrest, confinement, abandonment, or abuse) element of mitigation according to the sentencing guidelines: Minor injury (Determination of territory of recommendation).

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