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(영문) 대법원 2021.02.25 2020도17241
감금등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court acquitted the prosecutor on the charge of attempted coercion among the facts charged of the instant case on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on intimidation of the crime of coercion, contrary to the grounds of appeal.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of confinement and assault among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the grounds of appeal in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of confinement and assault, contrary to the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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