beta
(영문) 대법원 2020.09.24 2020도8817

폭력행위등처벌에관한법률위반(공동감금)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed on August 10, 2020).

For the reasons indicated in its holding, the lower court convicted the Defendant of violation of the Punishment of Violences, etc. Act (joint confinement), habitual assault, and assault against the victim C among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “taking” in the crime of violating the Punishment of Violences, etc. Act, and habitual assault and intimidation.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.