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(영문) 서울중앙지방법원 2016.07.06 2014고합703

폭력행위등처벌에관한법률위반(공동감금)

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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendants conspired with the number of members of the National Assembly affiliated with the L party M and other L party employees on duty (hereinafter referred to as “persons related to the L party”); and (b) detained the victim N (hereinafter “victim”) out of the Otel located in Gangnam-gu Seoul (hereinafter “Otel”) 607 hours from around December 11, 201 to December 11, 2012, by preventing the victim N from going outside the 35 hours from around 11, 2012.

2. The Defendants and the defense counsel did not detain the victim.

The Defendants and the persons related to L political parties who obtained intelligence that the victim, who is an employee of the National Intelligence Service (hereinafter referred to as the "National Intelligence Service") P, obtained an illegal election campaign in cyber space as part of the presidential involvement activities of the NIS, was gathered in front of 607 officetels 607 where the victim resides in order to secure the victim's computer, which is evidence of the activities of the NIS's involvement activities, and requested the victim to leave the inside and outside the computer to the police or to allow the victim to confirm the computer located in the house after opening the entrance. Therefore, there was no intention of confinement, and there was no intention of confinement.

Rather, in order to destroy evidence about the activities of the NIS's intervention, the victim left the officetel in order to delete the files stored in the Nowon-gu computer for one's own business, and destroyed evidence about the activities of the NIS's intervention by eliminating the files.

Even if the Defendants’ act of waiting and waiting in front of L party-related persons and officetels 607 constitutes the elements of the crime of confinement, the Defendants’ act constitutes a justifiable act under Article 20 of the Criminal Act, since it is aimed at detecting the illegal activities of the NIS personnel and preventing the destruction of evidence, as it does not violate social rules.

In addition, the Defendants are the defendants.

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