중감금등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, including the statement at the police station of the victim E, the gist of the grounds for appeal, the defendant was able to fully recognize the fact that the defendant was unable to perform his duty by having the victim prepare a loan certificate by assaulting and threatening the victim's office as stated in the facts charged in the instant case.
Nevertheless, the court below ruled the defendant not guilty, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. Of the facts charged in the instant case, the Defendant was detained in Jung-gu Busan on July 26, 2014, and around 03:50 on July 26, 2014
D) The victim E, who had not repaid the money before being repaid, was found to have frightened and frightened in the Madern-gu, and was frightened, the victim was frightened to the G office located in Busan Jung-gu, through the gaddar-ro with fright, and the victim was frighted to the G office located in Busan Jung-gu through the gadar-gu, and demanded the entrance fright to lock the correction device and to repay the money, and the victim was detained for about 1 hour and 30 minutes by preventing the victim from leaving the above place until 05:28 of the same day.
”라고 말하며 왼뺨을 오른손으로 2회 때리고, 주먹으로 머리를 여러 차례 때리는 등 피해자에게 가혹한 행위를 하였다.
2) The Defendant forced the victim to pay 2.5 million won of the price of the goods within one week by assaulting or threatening the victim at the above time and place.
“Preparation of a loan certificate to the effect that the victim does not have any obligation to do so to the victim.”
3) At the above time and place, the Defendant confirmed the personal information recorded in the loan certificate while the victim was frighted by assault and intimidation and received a resident registration certificate from the injured party.
(b).