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(영문) 서울남부지방법원 2017.05.17 2017고정365
감금미수등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 13, 2016, the Defendant, who attempted confinement, was in a relationship with the victim F (M, 33 years of age) in front of the “E,” located in the Ma of Gyeonggi-si, Ansan-si, Gyeonggi-si, Gyeonggi-si, which was located in D, which was found to be a defect in the victim’s diving conversations.

While allowing the victim to board a G vehicle owned by the defendant, while the victim and the victim were trying to open and get off the front door of the vehicle while living in the vehicle, the victim could not get out of the vehicle by driving about about 300 meters by deceiving the vehicle, while stopping the vehicle on the road continuously at the wind of the victim.

Accordingly, the defendant attempted to detain the victim.

2. On June 13, 2016, the Defendant: (a) stopped the Defendant’s vehicle on the front of the H on the roads set forth in the 13:02 Simsan-si, Seo-gu, Gyeongsan-gu, 2016, and (b) took the victim’s face knife with the victim’s head knife; and (c) took the victim’s face knife by drinking.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of vehicle black images, etc.);

1. Articles 280, 276(1) (a) (a point of attempted confinement) of the Criminal Act, Article 260(1) (a point of assault) of the Criminal Act, and selection 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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