감금치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. In full view of the evidence duly adopted and examined by the court below including the statement of the victim in the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged of this case, even though the defendant was found guilty of having detained the victim by preventing the victim from getting out of the train and thereby caused injury to the victim. Such judgment of the court below is erroneous in matters of mistake of facts.
Furthermore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the determination of reduction of the scope of punishment, since the court below did not have judged that the defendant was guilty of the crime of causing bodily injury resulting from arrest or bodily injury, even though the defendant was not found
2. The prosecutor changed the indictment at the trial of the party concerned with the facts charged. The prosecutor added the first preliminary facts charged and the second preliminary facts charged, and applied for permission to change the indictment with the content of adding Articles 262 and 257(1) of the Criminal Act to the name of the conjunctive crime, the injury and bodily injury resulting from violence, and the conjunctive applicable provisions of the Criminal Act, and this court permitted this.
Therefore, we first decide on the prosecutor's argument of mistake of facts or misapprehension of legal principles on the primary facts, and then decide on whether to judge the primary facts charged No. 1 and No. 2.
[Preliminary facts of the first preliminary charge] The Defendant, who maintained a one-year relationship, she was frightened by the victim on the ground that the victim was trying to come to another male, while she talks with the Defendant. On January 21, 2012, the Defendant is waiting to move to the outside of the victim in the vicinity of the first floor of the victim of the member-gu D apartment in Ansan-si, Ansan-si on January 21, 2012. On the other hand, the victim is plucked up the victim’s left arms by approaching the entrance, blocking the victim’s body, preventing the victim from coming to resist and resisting.