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(영문) 전주지방법원 2018.03.22 2017고정390
감금
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 13, 2016, at around 22:30 on December 13, 2016, the Defendant, along with C, took a bath from the Victim F (F) who is a customer, due to the problem with the female employee in the place, while drinking alcohol at “E” located in Seojin-gu Seoul Metropolitan City.

After that, the defendant found the victim's entry into the toilet and subsequently closed the toilet entrance, continued to see the victim's chills in the toilet and locking the door, and then "I am, am, al., fry, drinking, drinking, or drinking."

“The threat was made”.

As a result, the defendant prevented the victim from leaving the above toilet out of about 10 minutes, and detained the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A report on the occurrence of a crime (Assault and confinement);

1. Application of each statute on photographs;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The defendant's assertion and judgment on Article 334 (1) of the Criminal Procedure Act

1. The summary of the argument does not mean that the victim stated that the victim was "I had to go through," and there was no fact that the victim was locked with the salvine column in the toilet, and the entire toilet door was locked, but it was produced by the victim and the defendant's daily work, and then there was no intention of confinement against the defendant, and no other act of confinement was committed.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the victim consistently stated from the investigative agency to the court that the Defendant was faced with fear of fear due to the Defendant’s other commission of work. The victim consistently stated the following to the effect that: (a) from the investigative agency to the court, the Defendant was pushed down with the toilet, and the Defendant was satisfed with the other commission of work; and (b) such content.

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