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(영문) 수원지방법원 2018.11.22 2018고단5270
감금
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 17, 2018, the Defendant: (a) placed a victim C (the age of 35) who returned at the time, and the victim C (the age of 35) who was in scambling to get out of the house when having engaged in cambling disputes; (b) prevented the victim from opening the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

1. Relevant Article 276 of the Criminal Act, the choice of punishment for the crime, Article 276 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the extent of arrest and detention is minor in the mitigation area (one month to eight months) (special mitigation factors) of the type 1 (general arrest and confinement) of the sentencing criteria, which is applicable [the scope of recommended punishment], and the general criteria for arrest and confinement;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable circumstances: The degree of confinement is relatively minor and the circumstances after the crime of this case are not good, such as the defendant's multiple records of punishment including violent crimes, coercion of agreement to the victim, etc., in order to resist the report on the exploitation of repeated victims.

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