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(영문) 수원지방법원 2020.05.15 2019고단8078
감금
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 17:50 on September 15, 2019, the Defendant called “C” restaurant located in Yong-gu, Young-gu, Young-gu, Young-gu, G, to take care of the victim D (n, 39 years of age) to the victim, and was unable to take the victim into the E SP car. However, as the victim's residence and opposite direction, the Defendant was demanded to get off the victim due to the dispute with the victim.

Nevertheless, the Defendant, without looking at the victim’s demand for getting off the vehicle, brought about about 6.6km to the road in front of the wife population F, and detained the victim for about 15 minutes by cutting the victim who attempted to abscond from a parked vehicle into a shoulder and taking the victim on board the seat, and by preventing the victim from getting out of the vehicle for about 15 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each prosecutor's protocol of examination of the defendant

1. Part concerning D's statement among the interrogation protocol of the second prosecutor's office against the defendant

1. Statement of witness by the police officer regarding D;

1. Investigation report (to hear the statements of police officers leaving the police station) and investigation report (to examine the place where the internship or stopping is possible);

1. 112 reported details and the route of criminal suspect's proceeding;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 276 (1) of the Criminal Act concerning the facts constituting an offense, Article 276 (1) of the Criminal Act selection of a sentence, and reasons

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse crimes;

(a) General criteria [Type 1] There is no general person who is arrested or detained [the area of recommendation and the scope of recommendation], the basic area of punishment, six months to one year;

3. The fact relevance of the instant crime is generally recognized by the Defendant, the fact that the Defendant had the mind of attempting to commit the crime against the victim, and the fact that the Defendant has no record of criminal punishment is favorable to the Defendant.

On the other hand, the crime of this case is intended to return home by the victim.

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