(영문) 서울중앙지방법원 2017.12.22. 선고 2017고합1143 판결

On July 30, 2017, at around 10:00, the Defendant found the victim D (the 51-year old 51) operation, which is a land located in the first floor of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and rejected the victim's request even though he was under the influence of alcohol, he rejected the request, and, at around 17:55 on the same day, the victim did not comply with the withdrawal of the defendant at around 112 damage report, and added the 112 injury report to the victim's crypt, such as the victim's crypt by cutting down the victim's cry by cutting down the victim's head, extinguishing the victim's head, thereby making it impossible for the victim to know the number of days of treatment.

Accordingly, the defendant inflicted injury on the victim for the purpose of retaliation against the provision of a criminal investigation report in connection with his criminal investigation.

2. Illegal confinement;

In order to ensure that police officers dispatched after receiving 112 report at the same place immediately after the crime was committed, the Defendant forced the victim to lock up the coffee set door and prevent the victim from suffering losses, etc. for about 15 minutes, and prevented the victim from escaping from the said set door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (F telephone conversations for a witness), investigation reports ( telephone conversations for a witness G telephone), investigation reports (to hear victim's D telephone statements);

1. A photograph of damaged part of the victim;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257(1) of the Criminal Act (the point of injuring the object of return), and Article 276(1) of the Criminal Act (the point of confinement and the choice of imprisonment)

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment, etc. of Specific Crimes (limited to the sum of the long-term punishments of each of the above crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act in violation of the Act on the Aggravated Punishment, etc. of Specific

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering favorable circumstances among the reasons for sentencing below):

1. Probation and community service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

1. The scope of punishment by law;

○ Imprisonment with prison labor for not less than one year nor more than 35 years;

2. Scope of recommendations according to the sentencing criteria; and

(a) Basic crime (violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) ;

[Scope of Recommendation] General Harms Type 4 (Indecent Bodily Injury)

【Minor Bodily Indecent Bodis, Disapproval of Punishment (Discretionarys)

(b) Concurrent crimes (the crime of confinement);

[Scope of Recommendation Form 1 (General Confinement)

[Specially Convicted Persons] If the degree of detention is minor, if the victim is released to a safe place by his/her own, he/she shall not be punished, and he/she shall be punished, and he/she shall be punished.

Imprisonment with prison labor for not less than one year but not more than one year and ten months (the lowest limit of the recommended punishment set in the sentencing criteria is lower than the minimum statutory penalty, so the sentencing criteria shall be modified and applied according to the statutory penalty).

3. Determination of sentence;

The following circumstances shall be taken into consideration, and the defendant's age, character and conduct, criminal records, family relationship, family environment, the circumstances and motive leading to the crime of this case, the means and result thereof, and the circumstances before and after the crime of this case shall be determined as ordered by taking into consideration various factors of sentencing as shown in the arguments of this case.

The crime of this case is committed against the victim living together with the victim, and the victim was injured and detained for the purpose of retaliation upon reporting himself/herself to the police in the process of demanding adjudication after hedging with the victim living together. In light of the circumstances and contents of the crime, etc., it cannot be deemed that the crime of this case is less complicated. Even prior to the crime of this case, even though the defendant had been punished twice by a fine due to the fact that he/she infringed upon the victim's shop or residence without permission, the nature of the crime is no longer better in that he/she again committed the crime. It appears that the victim suffered considerable physical and mental pain due to the series of crimes by the defendant. The defendant had been punished by a fine several times in the past.

The circumstances favorable to ○: (a) the instant crime appears to have been somewhat contingent in light of the background of the crime; (b) the time when the Defendant detained the victim, and instead opened a door to the victim; (c) the degree of injury inflicted on the victim is not much serious; and (d) the victim does not want to punish the Defendant by mutual consent with the Defendant. There was no history of having been sentenced to a fine exceeding the fine due to the same type of crime, and there was no history of having been sentenced to a criminal punishment for the Defendant from the investigation stage,