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(영문) 의정부지방법원 고양지원 2015.04.02 2014고정1303
감금등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a university student who is the victim and is the one with the other at the end of March of this year.

1. At around 10:30 on July 13, 2014, the Defendant entered into a house of the victim C (at the age of 219 dong 201, Dongyang-gu, Seoyang-gu, Mayang-gu, 219 dong 201, and had the victim known in advance for the purpose of burning the victim into his/her own vehicle, and intrudes on the female’s house.

2. After leaving the victim at the date, time, and place under the above Paragraph (1), the Defendant forced the victim to take the victim’s hand on the ground that the victim did not have a conversation before the entrance of the B apartment 219 entrance from the same time, and took the victim’s hand on the D Spke, a vehicle operated by himself/herself.

At around 10:31 on the same day, the Defendant detained the victim for about 55 minutes by looking at the victim's demand even if the victim was asked to get off at the entrance of Gyeyang-gu B apartment in Goyang-gu, Goyang-gu, Yangyang-si, at around 11:25 on the same day and by preventing the victim from getting off from getting off the train, at around 25 minutes at sight, 11:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement of E and C;

1. Application of the relevant Acts and subordinate statutes to investigation reports and arrest suspects involved;

1. Article 276 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the Criminal Act (the point of confinement and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment shall be determined to reduce part of the penalty by the summary order in consideration of the fact that the defendant repents his mistake and the victim does not want the punishment by mutual consent with the victim.

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