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(영문) 의정부지방법원 2021.01.20 2020고단5202
감금
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 16, 2020, the Defendant requested a victim C (hereinafter referred to as 20 years of age) (hereinafter referred to as the "victim C") who became aware of the introduction of the land in the parking lot B at the time of the Government-Si around 00:12, 2020, to teach the land at the 5th seat of the k5 passenger seat, but when the victim refuses it, the Defendant’s refusal to do so, “I am, I am, I am, and I am dead.”

“To get off or get out of the vehicle” after having sold the victim’s left part on two occasions with drinking.

“I see the horses,” “I see it;

If why is why you do not know?

“In doing so, the victim was prevented from getting off the said car for about 15 minutes by turning the victim’s head into a knife and putting the knife.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the police statement reporting to C to the police (the confirmation of CCTV in the parking lot of building B), investigation reporting (to listen to the victim-friendly D phone statement), investigation reporting (to attach a victim's assault photograph), investigation reporting (to attach a victim's Kakao Stockholm message), investigation reporting (to attach a record of 112 report and a recording file), investigation reporting (to attach a recording file), photo of damaged victim (to listen to the victim's statement) and the Acts and subordinate statutes of the Kakao Stockholm;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting an offense and Article 276 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant committed the instant crime during the period of repeated crime.

It seems that the fear that the victim was satisfed by the defendant's act was satched.

O favorable circumstances: The time when the defendant detained the victim is not long.

A injured person does not want to be punished against the defendant.

The defendant shows an attitude against the defendant, making a confession of all the facts constituting a crime late.

O The health status, family relations, age, sexual conduct, environment, relationship with victims, including the above unfavorable circumstances and favorable circumstances.

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