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(영문) 대구지방법원 서부지원 2020.06.11 2019고합134
감금치상등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (n, 27 years of age) were related to each other from October 2018 to December 28, 2018.

On December 28, 2018, at around 14:50 on December 28, 2018, the Defendant: (a) in the Defendant’s residence located in the Seogu Daegu Building C building D, the Defendant: (b) brought the victim’s body in accordance with the relationship between the Defendant’s former female fluorial and the Defendant; (c) brought the victim’s body at the victim’s fluoring her own body, and (d) took the victim’s body into the victim’s fluoring her, and her fluoring it into the victim’s body; and (d) her fluoring it into the victim’s body and her fluoring it into the victim’s body; and (e) her fluoring it into the victim’s clothes and her fluoring it into the victim’s body.

The Defendant continued to frighten a frighter of a frighten victim frighten, seated on the window that the Defendant was damaged, she saw “frighten..........” The Defendant frighted the clothes of the Defendant, and frighted on the floor of the Defendant. The Defendant frighted the victim’s cell phone equipment to be reported at 112 to the cellular phone, and broken the cell phone equipment

As a result, the defendant detained the victim about about 40 minutes, and suffered injury to the victim, such as damage to the character of a variety of parts that need to be treated for about 2 weeks, and damaged the victim's cell phone device to be damaged by 303,500 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Application of Acts and subordinate statutes to on-site photographs, diagnostic certificates, and specifications of repair expenses;

1. Relevant Article 281 (1) (main sentence), Article 276 (1) of the Criminal Act, and Article 366 of the Criminal Act (the point of causing bodily injury by confinement) concerning facts constituting an offense; the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [to the extent that the punishment is added up to the maximum term of the crimes of bodily injury resulting from heavy confinement] shall be applicable.

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