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(영문) 대구지방법원 2017.02.08 2016고합615
감금치상
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant, who had a usual sense, did not receive contact from the victim C (V, 34 years of age) who was a victim with a usual sense, was the victim, and the defendant was able to return to the victim.

I tried to demand.

On August 29, 2016, the Defendant driven at the front of the Daegu Suwon-gu D market around 22:30 on August 29, 2016.

E Although the Defendant’s vehicle was asked to leave the vehicle from the injured person while moving the victim to the vehicle, it was impossible to get off the vehicle “I will get off the future contact well,” and the Defendant’s vehicle continued to be in the front of G crosswalk in Daegu Suwon-gu F on the same day at around 24:00 on the same day, and the difference in the vehicle stopped by the Defendant’s vehicle came to be in the front of G crosswalk in the Daegu Suwon-gu F on the same day, and it was caused by the defect in which the Defendant’s vehicle tried to open and get off the vehicle’s head by attaching the victim’s head to other hand, and then the injured person was able to close the victim’s neck with other hand, and the injured person was able to get off the victim’s seat hand.

If the door is closed, it shall be dead.

The phrase “the victim was prevented from getting off the vehicle.”

As a result, the defendant detained the victim for about 1 hour and 30 minutes, and thereby, the victim suffered multiple scambling in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 281 (1) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year;

2. Reduction elements of Category 1 (Bodily Injury resulting from the arrest, confinement, abandonment, or abuse) [Special Bodily Harm] Reduction element: Minor injury [Scope of Recommendation] from 6 months to 1 year and 6 months (Mitigation area).

3. The lower limit of the range of sentences, the sentencing criteria of which are recommended by the applicable sentencing criteria by the law, shall be the applicable sentencing range in the law; and

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