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(영문) 대구지방법원 2016.09.09 2015노2935
폭력행위등처벌에관한법률위반(공동감금)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the following facts: (a) the victim C’s investigative agency and the court of the court of the court below, which correspond to the facts charged in the instant case, are specifically and consistently reliable; and (b) the victim C’s statement in the court of the court below is reliable in a neutral position; and (c) the defendant could sufficiently recognize the facts charged in the instant case that the defendant detained the victim in joint with E, F, G, and H by opening the entrance door, but the court below acquitted the victim of the facts charged in the instant case on a different premise. The court below erred by

2. Determination

A. On October 25, 2013, the Defendant: (a) at the conference room of the B Council located in Daegu-guned Group D around 17:40 on October 25, 2013; (b) in order to prevent the victim C from going out of the conference room, the Defendant: (c) was at the conference room of the B Council in cooperation with the members and residents, who are qualified as the chairperson in relation to the election of the 6th chairman of the B Council; and (d) sexual intercourse with the members and residents; and (c) the temporary chairperson C who reported the closure of the council and attempted to go out of the conference room; (d) was put off the victim’s arms; (e) was set off, the Defendant, G, and H was laid off with the entrance, and detained the victim for approximately 13 minutes in collaboration with the E, E, G, and H.

B. The lower court determined that: (a) it was acknowledged that the Defendant was at the entrance of the entrance at the time when the victim tried to make a closed declaration and to take the conference room; (b) however, the victim and I’s respective statements fit for the facts charged in the instant case were not consistent with the said statements or reversed the said statements; and (c) in addition to the inconsistency between each of the above statements and other witnesses’ respective statements, it was difficult for the Defendant, including the Defendant, at the time when the victim tried to take the conference room and want to take the conference room, to bring about a serious disturbance on the conference room; and (d) there was a narrow space at the entrance of the conference room.

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