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(영문) 대전지방법원 2018.01.31 2017고합437
감금치상등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Since seven years ago, the defendant was a person who had been in the relationship with the victim C (V, 50 years old).

1. On July 7, 2017, from around 22:30 to around 02:30 on July 8, 2017, the following day, the Defendant: (a) within the Defendant’s low-income motor vehicle parked in front of the home fluor in Daejeon, Seo-gu, Daejeon; (b) during a dispute with the victim, the victim tried to have his/her face and body on the floor of drinking and hand; and (c) the victim transferred his/her face from his/her vehicle to another motor vehicle, and (d) the victim continued to have face with the victim, and (d) the victim continued to take care of his/her face, then the Defendant sawd a scar of the chest-gu wall that requires approximately two weeks of treatment.

2. On July 10, 2017, around 15:15:15, the Defendant: (a) discovered a victim who was under contact with the Defendant at the 101 Seo-gu Seo-gu Daejeon apartment building 101, and did not meet the Defendant; (b) caused the Defendant to board the Defendant’s franchise vehicle; and (c) caused the victim to resist and not string the sound; (d) led the victim to the Defendant’s resistance, and led the victim to the Defendant’s contact with him by suppressing the victim, leading the victim into the vehicle; and (e) led the victim to the Defendant’s contact at around 15:3 March of that day, the date was set from around 15:3.

As such, the Defendant detained the victim for about 20 minutes, and had the victim receive a part of the right completion in the process, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each investigation report, and the list of reported cases;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes concerning the victim's assault photographs, 101 Blue video images of vehicles parked in the parking lot;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 281(1), 276(1) (the fact of causing bodily injury resulting from confinement) of the Criminal Act, and Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be added to the long-term punishment for two concurrent crimes as provided for in the crime of bodily injury heavier than imprisonment) of the aggravated Criminal Act.

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