감금등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Regarding confinement, the Defendant tried to restrain the victim from avoiding conversations in the course of discussing the issue of cost related to electrical construction work with the victim. Therefore, the Defendant did not have any intention or intent to detain the victim in a carter.
Nevertheless, as the court below found the Defendant guilty, the court below erred by misapprehending the facts.
B. Although the Defendant did not inflict an injury on the victim, the lower court found the Defendant guilty of this part, the lower court erred by misapprehending the legal doctrine.
2. Judgment on the grounds for appeal
A. The following circumstances acknowledged by the evidence adopted by the court regarding confinement, namely, at the time and at that time, the defendant and the victim were in coffee stores operated by the injured party whose level is about eight square meters, and at that place there was a dispute as to the cost of electrical construction between the defendant and the victim, and there was a fact that the defendant was unable to leave about 20 minutes by placing the victim who want to avoid the defendant's occupation into the camera, and there was no need to deprive the victim of his freedom of action in confinement (see Supreme Court Decision 2009Do7400, Oct. 15, 2009, etc.). The defendant's act constitutes confinement because it limits the freedom of human behavior at a place where the victim's freedom of action is restricted, and the defendant's intent to detain the defendant is also recognized.
Therefore, this part of the defendant's and defense counsel's assertion is without merit.
B. On November 7, 2016, the summary of this part of the facts charged is as follows: (a) the Defendant, at the “E” coffee shop operated by the victim D (Woo, 42 years old) located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant expressed his desire to “Chewing knick knick knick knick knick knick knick knick.”