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(영문) 서울중앙지방법원 2017.08.16 2017고단1853
감금
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 3, 2017, around 23:06, the Defendant: (a) asked the Defendant’s individual taxi in front of the Geumcheon-gu Seoul apartment complex to the victim D (V, 55 years of age) who was boarding the Defendant’s private taxi at the front of the Geumcheon-gu Seoul apartment complex; and (b) led the Defendant to the direction of the prevention of epidemics.

At around 23:17 on the same day, the Defendant continued to run in front of the apartment apartment in Gwanak-gu in Seoul Special Metropolitan City, without disregarding the demand from the victim, and continued to run in the vicinity of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City F market. Upon receiving a demand again from the injured party, the Defendant did not neglect the demand again, but did about 4.8 km at the front of Seoul Special Metropolitan City, thereby detained the victim for about 11 minutes.

2. In light of the following circumstances revealed from evidence duly adopted and examined by this court, the Defendant intentionally committed an act of restricting the victim’s physical freedom of confinement at a place where the victim’s physical activities were restricted.

The recognition is insufficient, and there is no other evidence to prove it.

In other words, the Defendant 1 was driving a taxi to the destination for about 10 minutes after the victim gets aboard without leaving the route, and brought the victim safely. In the process, there is no special motive or intention that prevents the Defendant from getting the victim from getting out of the taxi in which he is driving.

② A victim boarding a taxi was on the ground that he/she was smelled in the taxi, and the Defendant was able to have his/her windows closed due to drilling.

In the process, the victim showed the attitude that he will report his vehicle in the middle or will not pay the taxi fee, and unilaterally demanded his vehicle. In light of the above circumstances, it is difficult to see that the victim's low-income demand was caused by the threat of life, body, etc.

(3) The injured party shall break down the attitude of the accused while freely making telephone conversations with her husband in the taxi.

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