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(영문) 인천지방법원 2015.04.17 2015고정300
폭력행위등처벌에관한법률위반(공동감금)
Text

1. Defendant A is punished by a fine of 2,00,000 won, Defendant B is punished by a fine of 300,000 won, and Defendant C is punished by a fine of 300,000 won.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C are those who worked for the president, director, and director respectively in “E” and have worked for the said company as a managing director.

On April 2, 2014, from around 13:00 to 17:30 of the same day, the Defendants sought to leave the office without bringing the passbook in the name of the victim in the E office located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon. Defendant A, an employee C and B, refers to preventing the victim from being unable to get out of the office. Defendant C and B, by blocking the entrance door and causing the loss to B, caused the door to be cut off. Defendant C did not leave the door in front of the entrance in order to prevent the victim from getting out of the body, and Defendant B was unable to bring the loss and the entrance. Defendant B obstructed the door by failing to bring the loss and the entrance.

As a result, the Defendants jointly detained the Defendants for about 4 hours and 30 minutes, such as making the victims unable to do so in the above office.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to written complaints, written statements and written confirmations, and recording notes (the telephone content in which B withdraws an entrance from the entrance by not being set off);

1. Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 276(1) of the Criminal Act concerning criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, each of the Criminal Procedure Act, reflects the Defendants’ act of crime and repents, Defendant B is the primary offender, Defendant C is not the same as the previous offender, and Defendant C is the same as the order, comprehensively taking into account the following factors: the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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