감금등
The prosecutor's appeal is dismissed.
1. As to the part not guilty in the judgment of the court below, according to the consistent statement of the victim who was detained by the defendant, the text messages sent by the defendant to P at the time, etc., the court below acquitted the defendant of this part of the facts charged on the grounds that the credibility of the victim's statement cannot be recognized. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of this part of the facts charged, around December 14, 2010, the Defendant: (a) threatened the victim K (F) (hereinafter referred to as “F’s pre-auditor”) who set forth that “any corporate seal impression of the F in the Seo-gu Incheon, Seo-gu, Incheon, would be forged and sold by fraud”; and (b) threatened the victim K in the amount of the LMW car owned by the Defendant.”
As such, the Defendant forced the victim K to board the Defendant’s vehicle against the Defendant’s will, and prevented the victim K from leaving the vehicle for about two hours during the period of driving to the M’s office located in Bupyeong-si.
B. The lower court determined as follows: (a) the victim met the Defendant at the above 401 office in order to resist the Defendant against the act of selling fraud; (b) the victim went to the M’s office in order to verify the fact while making a mutual ditch; (c) the passenger of the Defendant vehicle at the time was the victim; (d) M and N appear to be the victim; (c) the victim forced the Defendant from the initial police witness statement (Evidence No. 27 pages); and (d) the victim made the statement to the effect that M was arrived at the M’s office; (e) however, there was M in the above commercial office and the Defendant’s vehicle; and (e) M was set to be a telephone conversation to D.