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(영문) 서울중앙지방법원 2017.03.24 2016노5229
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

Defendant

J One year of imprisonment, six months of imprisonment with prison labor, and five million won of fine for Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant J 1) Joint confinement was made by mistake of facts, and Defendant J did not detain victims since they were residing in an officetel other than the victims in Canadian.

B) Defendant J does not constitute a crime of joint coercion since it did not have committed assault or intimidation against the victim.

2) The sentence sentenced by the lower court to Defendant J against the illegal sentencing (one year and six months of imprisonment) is too unreasonable.

B. Defendant 1) The fact that each joint coercion was made by mistake of facts and misapprehension of legal principles, Defendant O did not commit assault or intimidation against the victim B and A, and there was no intention of coercion.

B) The Defendant O thought that K had allowed her access to the friendly arrest AG under the knowledge of the death of K, and there was no intention to intrude into the residence.

In addition, when AF and AG entered K's residence with the defendantO, after the death of K, the act of entering the residence constitutes an impossible crime because it is not likely to harm the peace of K's residence.

C) Since Defendant O knew that the embezzlement of possession separated objects was permitted by K to bring the body of the computer, DefendantO did not have an intention to obtain unlawful acquisition.

2) The sentence sentenced by the lower court to the lower court (eight months) is too unreasonable.

(c)

Defendant

A The sentence imposed by the court below against Defendant A (one year of suspended sentence in six months) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Defendant J 1’s crime of confinement is a crime that makes it impossible or extremely difficult for a person to move into a specific area with the freedom of action as a legal protection of the person’s legal interest. As such, the disability that makes it impossible or extremely difficult for a person to move into a specific area is not only a tangible disability but also a psychological and intangible disability.

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