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(영문) 서울고등법원 2019.10.29 2019노1727
감금등
Text

Of the defendant's case, the part of conviction (including the part of innocence) and the part of the request for probation order.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order, the respondent for a probation order (the part concerning indecent act by force and the part concerning probation order) and the victim of a misunderstanding of legal principles are merely breathing a state at the time, and the Defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter “defendant”).

(2) The lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged (Intimidation and indecent act) based on the victim’s statement, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unfair sentencing (one year of imprisonment, etc.) is too unreasonable and unreasonable.

B. The summary of the grounds of appeal by the prosecutor is 1) misunderstanding of facts [the point of confinement (the part not guilty in the original judgment), the point of similar rape (the part not guilty in the original judgment), and the part of the claim for attachment order] (1) The Defendant decided that the victim would have a sexual intercourse with the victim without confirming whether the victim shared the pictures of screened contents with the victim externally. The Defendant prevented the victim from taking the victim’s mobile phone which the victim attempted to go out of the area.

After all, the victim requested the help of the Gu and the Gu arrive along with the police, and the toilet could move from the vehicle with doping.

As such, the Defendant detained the victim against the victim’s will.

(2) The victim consistently stated in an investigative agency that the Defendant had his/her fingers up to his/her fingers, and the credibility of the victim’s statement is recognized. Thus, it is recognized that there was a similar rape as stated in this part of the facts charged.

(3) Nevertheless, the judgment of the court below which acquitted each of the facts charged is erroneous.

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