폭력행위등처벌에관한법률위반(공동감금)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error) D does not have any property damaged since it was immediately installed a new locking device after removing the entrance locking device of the Nam-gu G Apartment 203 Do 1301 (hereinafter “the apartment of this case”) at the time of this case (hereinafter “the apartment of this case”), and D did not harm the peace of residence as a legitimate resident of the apartment of this case (as to the joint residential intrusion), and E/I was unable to enter the apartment of this case because D and the defendant did not cover the password of the new locking device, even if they did not cause any danger to the victim, and thus, it cannot be deemed that the defendant detained the victim.
(2) Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the prosecutor, Paragraph (3) of the facts charged in this case is examined as follows.
As stated in the paragraph, the application for changes in the indictment was filed, and this court permitted the changes in the subject of the adjudication, so the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is such reason of ex officio reversal.
3. The summary of the revised facts charged in the instant case, along with pro-friendly D, did not in mind that the Defendant received KRW 96 million from the former wife of D, the key money for lease on a deposit basis for an apartment in which the victim F and E, etc. live.
On September 24, 2011, the Defendant violated the Punishment of Violences, etc. Act (joint destruction, damage, etc.) in collaboration with D, and the said apartment house should be opened to the house of the victim F (the age of 67) who was the victim, who was physically handicapped in the name of the above apartment manager H and the key repair hole, when the Defendant and the 1301-dong G apartment 203 Do 1301, Nam-gu, Incheon, Nam-gu, Seoul, and the victim F (the age of 67).