(영문) 서울북부지방법원 2017.11.30 2017고단4232

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(영문) 서울북부지방법원 2017.11.30 2017고단4232

특수감금

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 43 years old) are between about one month and about one month.

At around 05:00 on August 9, 2017, the Defendant: (a) talked with the Defendant’s house of Gangnam-gu Seoul, Gangnam-gu, Seoul around 05:00, that “I have to go to the house” from a person who was under the influence of alcohol to the Defendant; (b) in mind, I want to prevent the victim from going to the said Defendant’s house; (c) had the victim’s hand to go to the said Defendant’s house; (d) continuously displayed the victim’s hand to go to the said Defendant’s house; and (e) had the knife, which is a dangerous object located in the restaurant (the length of 30 centimeters, the knife length of 18 centimeters), and prevented the victim from going to the Defendant’s house for about 1 hour and 40 minutes.”

Accordingly, the defendant carried dangerous things and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of D;

1. Rackers and food photographs used by the principal for committing the crime, the content of the license used by the suspect for committing the crime, and the part of the self-harm of the principal;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions, Articles 278 and 276 (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant's attempt to commit the instant crime.

No injured person is punished for the defendant.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

참조조문

유사 판례

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