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(영문) 의정부지방법원 2017.12.21 2017고정2420
감금등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant and the Victim B (V, 22 years of age) were related to the past year. The Defendant, around 00:00 on March 29, 2017, “D hotel’s hotel” located in Bocheon-si C around 00:0, 2017, prevents the victim from getting out of the guest room before the entrance of the guest room, and “to have the victim himself, her, and her. I want to get the victim to get out of the new place.”

In order to prevent the victim from leaving the guest room, such as intending to go back to the victim who refuses it.

Accordingly, on March 29, 2017, the Defendant detained the victim for about 30 minutes from around 00:00 to 00:30.

2. On March 29, 2017, at around 00:30 on March 29, 2017, the Defendant: (a) destroyed one unit of 270,000 won in total with repair cost, on the ground that the injured party was a cellular phone owned by the Defendant; (b) the victim’s gallon jum jum jum jum jum 2 mobile phone (SHV-E250); and (c) the gallon PC (M2-802L).

3. The Defendant reported the act as referred to in paragraph 2 to the police at the time, time, and place indicated in paragraph 2, and used the victim’s back head to be faced with the floor by breaking the Defendant, breaking the victim’s knife and pushing the victim’s knife with both knife and knife the victim’s back head.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, records, and photographs of the victim, and each investigation report (the receipt of written estimates for damage and the contents of the victim's telephone);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement), Article 366 of the Criminal Act (the point of damage to property), Article 260(1) of the Criminal Act (the point of assault) and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the defendant is the defendant.

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