(영문) 광주지방법원순천지원 2020.08.20 2020고합73

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원순천지원 2020.08.20 2020고합73

특수중감금치상

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant living together with the victim B (n, 42 years of age) is a conflict between the defendant and the dispute over the issue of money.

At around 03:20 on May 19, 2020, the Defendant: (a) discovered a victim who gets from a vehicle in excess of dangerous articles (21cm in total and 10cm in length) at the parking lot of the first floor of the C building at a leisure time; (b) threatened the victim with the “leep on the vehicle”; (c) threatened the victim with the “leep on the vehicle”; (d) forced the victim to sit on the driver’s seat of the vehicle and forced the victim to sit on the seat of the vehicle, and (e) caused the victim to sit on the driver’s seat at the seat of the vehicle and drive the vehicle to reach the dice parking lot at the time of running the vehicle.

The Defendant continued to stop the said car on the street on which it is impossible to identify a place less than the digging field of the Silsan-Eup at the time of leisure, and, after stopping, the Defendant was unable to get off the victim from the car until 04:55 on the same day, by driving the said car on the street, stating that “I see the sound in the unmanned telecom, or see the face of the victim in drinking.”

As a result, the defendant carried dangerous objects and detained the victim, thereby committing harsh acts, and suffered from the victim's impairment of the face that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A seizure report and a medical certificate of injury;

1. Application of Acts and subordinate statutes to photographs, photographs damaged by victims, and investigation reports (on-site verification, CCTV verification, etc.);

1. Article 281 (1) (main sentence), Articles 278 and 277 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 48(1)1 of the Criminal Act of confiscation provides that the victim shall be a person who has renounced ownership (the victim shall face 21 pages of evidence), the victim shall be a presenter (the victim shall face 22 pages of evidence) and the record of seizure shall be the victim's investment and the owner (the record of evidence shall be face 24 pages of evidence);

However, the prosecutor's interrogation protocol and B against the defendant.

참조조문

유사 판례

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-광주지방법원 순천지원 2013.12.12 2013고합157

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-광주지방법원 순천지원 2017.01.10 2016고단1580