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(영문) 청주지방법원 충주지원 2015.03.26 2014고합76
감금치상
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants requested the victim C (year 51) to install the stud pipeline facility construction, and solicited the victim to demand the progress of the construction work by means of confinement, etc. of the victim who did not proceed with the construction work after receiving the amount equivalent to the construction cost.

Accordingly, at around 13:00 on October 20, 2014, the Defendants: (a) around 13:00 Goyang-si; (b) Defendant A, by putting the victim’s flaps into the back seat of the e-learning car; and (c) Defendant B, while driving the said flapsing car, had the victim’s resistance flad; (d) Defendant B, who was at the victim’s resistance, had the victim’s resistance flad; (b) had the victim flabed against the victim; and (c) Defendant A, who was flabed, had the victim detained the victim by not later than 18:50 on the same day after having arrived at the construction site of the F apartment site of the Damo-gun, North Korea, and caused an stress disorder that requires the victim’s treatment of approximately 2 weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Seizure records;

1. Application of the injury diagnosis certificate, the general medical certificate, and statutes governing damaged photographs;

1. Article 281 (1) (main sentence) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. Scope of applicable sentences: From six months to fifteen years for each sentence;

2. The range of recommended sentences according to the sentencing guidelines [the type of crime], the group of offenses of arrest, confinement, abandonment, or abuse, and the resulting factors of mitigation (the special person): Where the victim is released to a safe place due to his/her own discretion (the scope of recommended sentences).

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