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(영문) 춘천지방법원 2013.12.18 2013노536
감금
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (in fact-finding and misapprehension of legal principles) was that the police officer took the victims' house to prevent the victims from spreading video pictures that the victims used to assault the Defendant's Chokin D, and there was no forced confinement of the victims as stated in the facts charged in this case, and the defendant's act constitutes a justifiable act committed in the course of guiding the victims. However, the judgment of the court below convicting the Defendant of the facts charged in this case by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the above argument in its judgment. In full view of all the circumstances acknowledged by the evidence duly admitted and investigated by the lower court, as stated in the facts charged in this case, the Defendant could sufficiently recognize the fact that the Defendant forcedly confined the victims against his will, as stated in the facts charged in this case, and further, it is difficult to view that the Defendant’s act does not violate social norms and is reasonable in the means or method of the act. Thus, the above argument by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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