폭력행위등처벌에관한법률위반(공동감금)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15 million.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, including the statements of victims and witnesses, the defendant, together with D and E, can be found to have detained victims and assaulted as stated in the facts charged.
2. On October 26, 2017, the summary of the charge was sentenced to two years of imprisonment with prison labor at the Suwon District Court for fraud, etc., and the judgment on June 18, 2018 became final and conclusive.
The criminal records stated in the indictment are partly modified. A.
On October 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint confinement) around 21:00 on October 21, 2015, in front of the Busan Dongdong-gu, Busan, the Defendant discovered and found the Victim C while the Victim was found to have fled with the Defendant on the ground that the Victim C had a vehicle of the Defendant, and went back from the vehicle, took the part of the Victim C’s inside with drinking and hand, prevented the Victim C from escaping with the Defendant’s arms together with the Victim C, and then, the Defendant detained the victims for six hours by taking part of the Victim F’s arms driven by E and the Defendant’s HEFM or other car into force on the part of the victims, and then, at around 00, around 03:0, the date following the date the Defendant was born by driving approximately 370 kilometers to the JAju-si operated by the Defendant in Suwon-si, Suwon-si, and prevented the victims from getting out of the vehicle.
Accordingly, the defendant detained victims jointly with D and E.
B. Around October 19, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) (hereinafter “joint assault”)
The Vice Minister of Justice, who is operated by the defendant, reported that the victims C and F do not escape from the next side, on the ground that the victims C and F make a false statement, and that the victims C and F do not escape.
Accordingly, the defendant assaulted victims jointly with D and E.
3. The judgment of the court below is reasonable doubt that the evidence submitted by the prosecutor alone is sufficient to suspect that the defendant detained and abused the victims jointly with D and E.