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(영문) 인천지방법원 2020.06.15 2019고정2165
특수감금
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was in a relationship with B for three years.

On June 29, 2019, at around 22:35, the Defendant tried to open a entrance at the residence of the victim B (ma, 55 years of age) in Jung-gu Incheon Metropolitan City C or D, and to bring about a cell phone which had been opened to the victim.

At this time, the victims were shouldered while diving and the victim was in a trial and dispute with the victim.

During that process, the victim's excessive (25 cm in length) which is a dangerous object under the supervision of the singing counter by preventing the singke from coming out of, and by preventing the victim from coming out of, the hand, the victim was detained for about 20 minutes in his house.

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

Summary of Evidence

1. Protocol of the police statement concerning B;

1. Notification to a department related to 112 case reporting;

1. Recording notes;

1. The application of Acts and subordinate statutes is recognized on the ground that excessive photographs (the defendant and his defense counsel at the time of the instant case claimed that the defendant did not have a knife and did not leave the victim's house against the victim's will, but the defendant reported that "knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

1. Relevant Article 278 of the Criminal Act and Articles 278 and 276 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order prevents the defendant from leaving the victim from leaving the house of the victim, the defendant attempted to have the victim be injured and reported during the dispute with the victim so that the victim does not escape. The defendant has no record of criminal punishment, and the age of the defendant is the same.

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