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(영문) 수원지방법원 2020.04.02 2019고단8251
감금등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 11, 2019, the Defendant: (a) at the C community service center parking lot located in Yongsan-si District B around 10:30 on November 1, 2019; (b) on the ground that the victim D (or 25 years of age) who was a de facto marital relationship with the Defendant came from his house due to frequent violence of the Defendant, and her body was delivered to the Defendant for the purpose of arranging the relationship; (c) threatening her body, her hand under the victim’s name, her hand, with the victim “lock on the vehicle”; (d) started the said car with the Defendant’s low-speed car, carried the car on board the car, and started the said car, operated a approximately 80 meters section to the E-lane of the Yongsan-si District; (d) tried to remove the victim’s telephone flag from the victim’s head; and (e) tried to remove the victim’s cell phone until 600,000 won at the market price of the victim’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D and F;

1. Application of a investigation report (the verification of CCTV of the community service center) and the CCTV image (the 34 pages of investigation records) of the attached C community service center;

1. Relevant Article 276(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 276 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Confinement)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Second offense (decision of types), arrest, confinement, abandonment, or abuse; and arrest and confinement;

(a)general criteria;

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