beta
(영문) 서울서부지방법원 2020.05.11 2018노1252

폭력행위등처벌에관한법률위반(공동감금)

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. There is no misconception of facts or misapprehension of legal principles that Defendants conspired or participated in the act of confinement against D victims.

In addition, since D's act of taking the victim into custody at the low price stated in the facts charged (hereinafter "the instant vehicle") does not exceed the scope of demanding payment of the victim's obligation, it does not constitute a crime of confinement in itself.

B. The sentence imposed by the lower court (one million won per fine) is too unreasonable.

2. Determination

A. We consistently state the following circumstances acknowledged by the evidence duly adopted and examined in the court below's judgment on the assertion of mistake of facts and misapprehension of legal principles: ① The victim from the police to the court below's judgment, "In order to obtain USD 2,000, D and the defendants operated to the place of entry or departure office where the victim was on board and promised to pay the above money from the victim to the back of the vehicle of this case, and the victim paid the above money to the above vehicle." It is sufficiently reliable (Article 24, 25, 147 of the Investigation Record No. 3 of the Investigation Record, Law No. 24, 147 of the Criminal Procedure Act, Law No. 93 of the Trial Records). ② The victim did not have any ambiguous or consistent statement on the part that the victim was on board the vehicle of this case or about to pay USD 3,000 with intimidation by intimidation, etc. within the first vehicle of this case. However, the victim did not believe the above contents of the statement, ③ the victim's father did not have been paid money from the victim's police room No. 50.

57, 57.