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(영문) 대구지방법원 안동지원 2012.12.14 2012고합157
감금등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 10:40 on August 7, 2012, the Defendant: (a) sent coffee to the coffee shop located on the street, “E” in the victim D (n, 48 years of age); (b) told the victim, who was aware of, and was going to go to, the third floor of the youth; and (c) kidd the victim, who gets from the elevator of the third floor of the Mour, kidd the victim, intending to look back to the other place without a coffee shop; (d) led the victim by forcing him to 307 by inserting the door; and (e) kid the victim for about one hour after leaving the door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 276 (1) of the Criminal Act applicable to the crimes and Article 276 of the Election of Imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the instant crime was committed for one hour, leading the victim, who was known to the general meeting, was detained for one hour. However, although the criminal liability is not less than that of the instant crime, the Defendant’s mistake is deeply divided and reflected, the victim does not want the punishment of the Defendant, and the fact that the victim does not have the criminal record of a fine outside the criminal record of the Defendant is considered as the sentencing factor favorable to the Defendant. It is so decided as per Disposition by taking into account all the sentencing conditions shown in the instant argument, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.

Parts of innocence and dismissal of prosecution

1. The summary of the facts charged is as follows: (a) the Defendant, as indicated in the facts charged in the judgment, attempted to engage in sexual intercourse with the victim by inserting the victim into the Fel 307, putting the door up, putting the victim at the bend, suppressing the victim's resistance, cutting off the victim's clothes, holding the victim's chest off, and talking the victim's chest; (b) the victim resisted against the victim, stating, "I will not be able to do so; (c) after one week, I want to waive the crime and attempted to commit the crime by stating, "I will not be able to do so."

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