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(영문) 서울서부지방법원 2016.12.08 2016노696
감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, Police Officers on February 2014 and February 2014

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of each of the charges of this case by misunderstanding the facts, although the Defendant did not have detained, threatened, or abused the victim F.

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

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for amendments to the indictment by changing "a about 24 hours" in Paragraph 2, Paragraph 13 of the facts charged to "a about 18 hours" before the judgment on the grounds for appeal by the defendant's ex officio, and the prosecutor applied for amendments to the indictment by "a about 18 hours". The subject of the judgment is changed by this court's permission

Nevertheless, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

B. The lower court determined the mistake of facts (1) on February 13, 2014; and (2) on February 2014, 2014, held that the Defendant: (a) was guilty of the facts charged; and (b) on February 13, 2014, on the ground that the Defendant was in the front line of the Eelectric railroad station located in Goyang-gu, Goyang-gu, Goyang-gu, 2014, and was in a personal relationship with the victim F. (F., 44 years of age, her contact was avoided and did not move to the taxi; (c) the Defendant was sleeped with the officetel used as a bond office; and (d) the Defendant was able to do so with the victim, she would be able to do so with the victim’s string, she would do so by using the victim’s string, she would have her mouth, she would have to do so with the victim’s string, she would have her mouth, and her mouth the victim.

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