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(영문) 서울북부지방법원 2018.10.11 2018고단2630
감금등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a prison relationship with the victim C (V, 45 years of age) from May 2016 to February 2018.

On April 6, 2018, at around 23:00, the Defendant set a taxi owned by the Defendant in the victim C’s parking lot located in Dongdaemun-gu Seoul Metropolitan Government, and found the victims returning to the country under the influence of alcohol, attach the victims to the taxi. The Defendant stated that “I talk in the taxi once sleep down outside of the string of the string, I would like to talk in the string of the string.”

There is no want to talk about, and there is no want to take part in the vehicle.

Despite the fact that the Defendant committed a noise, the Defendant forced the victim’s arms to get off the taxi, and forced the victim to get off the taxi, and even though the victim was “to get off the taxi,” he continued to drive the taxi for about four hours from that time to April 7, 2018, and detained the victim.

2. On April 7, 2018, at around 00:00, the Defendant was forced to set the E-si operated by the Defendant at a nearby construction site G in Jung-gu in Seoul and H, and then want to take the victim back “I want to come well. I want to do so.”

“In the end, I forced the victim who was seated at the chief of the police station to raise him/her on his/her own.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to hear telephone statements, such as the current status of indecent acts committed by victim C against the other party, and to attach recorded CDs);

1. Application of the message statutes sent and received by the defendant and the victim;

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor 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 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Special cases concerning disclosure and notification orders, exemption from employment restriction orders, punishment, etc. of sexual crimes;

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