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(영문) 인천지방법원 부천지원 2013.06.21 2012고단1855
폭력행위등처벌에관한법률위반(공동감금)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:00 on August 27, 2012, the Defendant: (a) knew of the fact that the Victim F (22 years of age) was trying to attract the Victim to C’s house located in Gyeonggi-si, Nowon-gu, Seoul; (b) the Defendant, with C, E, etc., had the Victim’s hand lest the Victim would escape; and (c) led the Victim D’s house waiting for the said case.

Until the defendant leaves the above C's office on the following day, the defendant continued to be unable to leave the above C's house due to the following surveillance by the victim every time he leaves the toilet.

Accordingly, the defendant was confined in common with C, D, and E.

2. Around 13:00 on August 27, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint injury) and on the grounds that at the home of the above C, the victim sought to flee from the Defendant and the Defendant, etc. at the place where the Defendant was diving or the Defendant, etc., D provided that “the victim escaped to make a report that would have caused the occurrence of the injury” and that “D met the victim’s face part, chest part, etc. due to drinking and growth, or met the victim’s chest part, or H met the victim’s chest part by drinking and drinking, and the Defendant inflicted injury, such as brain dives, etc. in the days of treatment, etc., on the part of the victim to prevent the victim from escaping together with C.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Statement made by the prosecution with respect to F (including the part concerning the I's statement);

1. Statement of the police statement concerning F;

1. Each photograph;

1. Application of the legislation in its opinion;

1. Article 2(2) and (1)2 of the Act on the Punishment of Violences, etc., the Selection of Punishment of Criminal Crimes, Article 276(1) of the Criminal Act (the point of joint confinement), Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act shall be co-injury.

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