beta
Text
Defendant
A shall be punished by a fine of 300,000 won.
Defendant
If A does not pay the above fine, 50,000 won.
Reasons
At around 15:30 on July 2, 2012, the crime history room (defendant A) of the above defendant: (a) the victim H (H), I (T), J (T (TW), and E, the victims, who were on the top of G elementary school located in the Hongcheon-gun, Hongcheon-gun, Gangwon-do, and the victim E (V), were assaulted by four persons, including E, E, and the victim was confirmed to walked by telephone; and (b) on the same day, the victim H (H, South, 12 years old, South), I (T, 12 years old, South, and South), I (T, and the victims who died, were detained one time at the victim's head on one occasion; and (c) the victim et al. was forced by three other victims on the Korean motor vehicle of the above defendant's driver's Korean motor vehicle, and then the victim et al. was detained out of the prison of the above defendant's 28 meters away; and (d) the victim's head on one occasion.
Summary of Evidence
1. The defendant A's partial statement
1. Each legal statement of the witness M, H, E, J, I, and N;
1. Determination as to Defendant A and defense counsel’s assertion of the police interrogation protocol against Defendant A
1. There was no intention to detain the victims as stated in the facts of the crime in the judgment of the victims, and the police called the victims to take care of them. Thus, there was no intention to detain them. There was a fact of domestic confinement.
Even if this is a legitimate act conducted in the course of decoration, the illegality is excluded.
2. Determination
A. The offense of confinement is a crime that makes 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 person’s freedom of action, and where it is impossible or extremely difficult for the person to move into a specific area, not only physical and tangible obstacles, but also psychological and intangible obstacles, and the essence of confinement is not limited to the means and methods of restricting the freedom of action by restricting the freedom of action.