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(영문) 대구지방법원 2013.11.29 2013노3068
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Recognizing the fact that the accused of mistake of facts has taken out the amount of KRW 50 million from the victim M or P, the fact alone is recognized, but there is no fact that there was only an agreement on the rape case with the victim F by entering into the agreement with the victim F, and that there was no other fact compelling the victim F to detain the victim F, or sign and affix a seal to the agreement.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts is a crime of making it impossible or extremely difficult for a person to move into a specific area with the freedom of action as the protected legal interest of the crime of confinement. The disability that makes it impossible or extremely difficult for a person to move into a specific area can be caused by psychological or intangible obstacles as well as physical or intangible obstacles, and the essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action, so the means and methods are neither tangible nor intangible nor intangible, nor the deprivation of the freedom of action during confinement does not necessarily need to be complete. Thus, even if a certain freedom of life was allowed within a specific area under confinement, the crime of confinement cannot be established (see Supreme Court Decision 200Do102, Mar. 24, 200; Supreme Court Decision 200Do102, Mar. 24, 200). In light of the above legal principles, the lower court unilaterally adopted the evidence of the case from the victim’s body and the victim’s body, and the following circumstances acknowledged by the lower court.

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