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(영문) 서울고등법원 2017.09.13 2017노1575
감금치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not commit an injury by assaulting a victim who intends to get off a vehicle.

However, when the injured party intends to get out of a vehicle, only the fact that the door closed and the victim's cell phone locking device is dead to get out of the victim's hand.

B. The lower court’s sentence against an unfair defendant in sentencing (two years of suspended sentence in August) is too unreasonable.

2. The following circumstances acknowledged based on the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts or legal principles, i.e., ① the victim, in the police investigation, he/she needs to start up and repeat the vehicle by putting the head of the Hashee in the vehicle and blue the face with the lushee lushes in the lushes.

In the process, since the paragraph (a) turns out in the anti-paragraph, I have taken a variety of shoulders, face, and head on the hand that the person puts his mind in order to suppress his mind.

The statement "," and 2 The defendant also stated in the prosecutor's investigation that "the victim has the right to prevent the victim from getting off from the vehicle," and that the victim's shoulder or head may have been faced with the victim's shoulder or head.

I think.

The statement "," <3> At the time, the defendant is suspected of causing another male, and seems to have been considerably interested and decomposed;4) in order to prevent the victim from running away of the vehicle, the victim seems to have been exercising the same type of force as the victim claims. In fact, the damaged person was stopped by the defendant, and the damaged person did not go out of the vehicle, and 5) The injured person got the assault as above, and then transported the victim's words "after he was kidnapped, he left the vehicle."

B. The test is to keep the head of a knife with complete and knife the internal sound and to get out of the vehicle.

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