특정범죄가중처벌등에관한법률위반(보복상해등)등
The defendant's appeal is dismissed.
misunderstanding of the facts and misapprehension of the legal principles on the grounds of appeal, the defendant argued to the effect that there was no purpose of retaliation against the victim, and that there was no injury on the part other than retaliationed confinement in the statement of reasons for appeal (related to the injury of the victim on June 16, 2016). However, the defendant withdrawn the above argument to the effect that the misunderstanding of facts on the date of the first trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the first time, and arranged the argument that the misunderstanding of facts did not constitute a legitimate ground for appeal, and even after ex officio examination,
subsection (b) of this section.
(C) The Defendant did not have the right to escape from the hotel of this case, even though he had sufficient opportunity to flee, such as the time when he was mixed with the hotel of this case. This is merely because the Defendant did not escape due to the assault or intimidation of the Defendant, but did not break out from the outside due to the hole of face. Thus, the Defendant did not have any custody of the victim.
Nevertheless, the court below found Defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment
In light of various sentencing conditions in this case, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.
Judgment
As to the assertion of misunderstanding of facts or misapprehension of legal principles, the crime of confinement (related to the point of retaliation) is a crime that makes it impossible or extremely difficult for a person to leave a specific area with the freedom of action of the person as a legal interest protected by the law, and thus, makes it impossible or extremely difficult for such a person to leave a specific area, not only physical and tangible obstacles, but also psychological or intangible obstacles, and the essence of confinement is the freedom of action of the person.