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(영문) 인천지방법원 2017.10.27 2017고합509
감금치상
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

On July 25, 2017, around 08:45, the Defendant demanded a victim E (n, 48 years of age) who had a relationship with the Defendant on the front side of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon to take a hedging, the Defendant got off the victim’s cell phone and bank, followed the victim’s talk within the vehicle, and sprinked the victim, and sprinked the victim on the FOsp car, which is owned by the Defendant along with the victim.

While the Defendant driven the said vehicle and moved to the outer expressway in Seoul, the Defendant demanded the Defendant to get off the vehicle with the knowledge that the damaged person moves to the expressway, but the Defendant impliedly driven the vehicle.

The injured party, at the time of the invasion, opened a door of the vehicle to escape from the vehicle, and opened it on the road in order to drive down the vehicle, but he was able to get the injured by putting the victim down after getting off the vehicle.

The Defendant followed approximately 10km from the front side of H elementary school located in Bupyeong-gu Incheon Metropolitan City around 09:55 on the same day to prevent the victim from getting out of approximately 70 minutes. In the process, the Defendant suffered from the victim’s buckbucks and bucks and bucks of arms and arms.

Accordingly, the defendant detained the victim and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment for six months - 15 years;

2. The application of the sentencing criteria [the types] is not subject to the punishment [the scope of the recommended punishment] of the type 1 (the injury or injury caused by the arrest and detention].

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