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(영문) 수원지방법원 2017.08.10 2017고합158
감금치상등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a student who was enrolled in the school from around April 2016 and the victim D(n, 31 years of age).

1. On September 28, 2016, the Defendant: (a) suspected of having a dispute with the victim on the street in front of the “F” located in Guro-si, Sinsi; (b) demanded that the victim’s former male-child group work together with G H in Gumi-si, where the male-child group of the victim, but the victim refused it; (c) forced the victim who was on the part of the driver’s seat of I launching-si, and forced the victim to move down from the left side of the victim’s vehicle on the ground that the victim would refuse it; and (d) forced the Defendant’s driver’s driver’s driving to move down to the front line; (d) the victim was forced to leave from that time to the front line; and (e) the victim was forced to leave the vehicle at the right right side of the victim’s vehicle in the course of leaving the vehicle without any demand of the victim; and (e) the victim was forced to leave the vehicle at the right side of Y in the course of leaving the vehicle.

2. On September 28, 2016, from around 06:50 to around 08:00 the same day, the Defendant driven a J 7 car under the influence of alcohol leveling 0.097% in the section of about 30km from the street in front of his/her place of residence in Daegu-gu North Korea to the front of the F. in Gu and Sinsi E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and L;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. Statement made by the police against D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of photographs);

1. Article 281(1) main sentence of Article 281(1) of the Criminal Act, Article 276(1) of the Criminal Act (the injury caused by confinement) on criminal facts, Article 148-2(2)3 of the Road Traffic Act, and Article 28-2(2) of the Road Traffic Act.

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