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(영문) 광주지방법원 목포지원 2014.10.02 2014고단1149
감금등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on April 7, 2014, the Defendant detained the victim by not later than 05:30 on the same day in a way that the victim C (or the age of 54) was locked or creshed to return the entrance’s correction device to the contact tape, thereby preventing the opening of door.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) refers to the time and time set forth in paragraph (1) of this Article, the Defendant brought the knife knife (total length 33 cm) of dangerous things, which were dangerous things in the kitchen, into the victim’s face, and threatened the victim with the knife at the victim’s face. The knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 276 (1) of the Criminal Act applicable to the crime, Article 276 (1) of the choice of punishment (the point of confinement, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Violation of the Punishment of Violences, etc. Act;

(a) Determination of types of crime: Intimidation; and

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