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(영문) 의정부지방법원 2016.05.12 2016고단1217
특수중감금등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On March 28, 2016, the Defendant damaged the property by setting the cell phone owned by the victim on the floor and destroying the content thereof on the ground that the victim C, who was in an internal relationship with the victim from the 15th floor of the △△ apartment building located in 000, 2016, at the Dobcheon-si, 19:00, had no telephone and had another male.

2. On March 28, 2016, the Defendant, among special circumstances, was released from the said victim C (hereinafter “V”) who had induced the said victim to have a defect of only turfed at his house located in Dobcheon-si, Dobcheon-si, Da 106, and had induced the said victim to have a relation with another male. However, the Defendant was released from the victim’s cell phone from the victim’s cell phone, and then the Defendant could not gather up until the victim confirms the monetary content by making it clear of the internal amount.

“The victim’s perception that he had sexual intercourse with another male, she saw 50 times with her head and ear of the victim, she cut part of the victim’s head and back, which is a dangerous object in the vicinity, and cut off the victim’s head and back back, cut off the victim’s her head and back, cut the victim’s her head, cut the victim’s her knife with knife with knife, cut the victim’s clothes on the face, cut off the victim’s knife with knife at the main room, and threatened the victim and the victim with knife at around March 29, 2016, and prevented the victim from departing from the victim for five hours until her escape from the knife of the Defendant’s lock.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (additional confirmation on damage situations);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs, scene of occurrence, and photograph of crime tools;

1. The relevant legal provisions of the Criminal Act and Articles 278, 277(1) (the point of special confinement) of the Criminal Act regarding criminal facts, and Article 366 of the Criminal Act on the grounds for sentencing (the point of destroying property and the choice of imprisonment) 1 of the Criminal Act (Arrest, confinement, abandonment, and abuse) (the scope of recommended punishment).

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