(영문) 대구지방법원 2017.04.27 2016고단4011

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(영문) 대구지방법원 2017.04.27 2016고단4011

특수감금

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim C (V, 19 years of age) and the married couple.

On July 17, 2016, at around 21:20, the Defendant fighting a married couple with a pregnant victim and the Defendant in contact with another woman, under the influence of alcohol at the Defendant’s house located in Sinsan City D on July 17, 2016. On the other hand, the Defendant fighting a couple by having a knife (21cm in length on the knife, 33cm in total length) a dangerous object in the kitchen and the Defendant, with the Defendant’s arms in front of the victim, and the Defendant’s arms in front of the victim.

“The victim threatened,” and the victim threatened the Defendant with the marier knife with the knife with the knife with the knife at the benife, and then with the flife with the wooden salt sofed, and then again, with the victim viewed the flife with the knife.

Defendant I want to get out of the house a pipe of such circumstances that the victim would feel fear.

In response to the request made several times, however, the victim's shoulder and arms were caught by his hand without disregarding them, and the victim was detained for about 30 minutes, such as threatening the victim to throw away from the outside.

Accordingly, the defendant carried a dangerous object and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of three Acts and subordinate statutes to the seizure records and photographs;

1. Relevant legal provisions and Articles 278 and 276(1) of the Criminal Act regarding criminal facts, the choice of a fine, and the selection of a fine (the crime committed in this case during the period of suspension of execution was committed, but the victim was able to use the defendant and take the steps against him/her, the defendant was the most likely to support the child born by the victim, the defendant was able to recognize his/her mistake, and the defendant appears to have a attitude to repent in depth)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

참조조문

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