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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts as to the crime of confinement or misunderstanding of legal principles is at the entrance of the office where the entry of the employees is frequently frequent. There was no room to open the office, and there was no threat, such as putting the door in hand or making a large amount of interest, etc., and the victim was in the outside of the meeting room, and there was only one hour and 40 hours with the victim, and there was no intention to detain the defendant, and there was no act of confinement.
B. misunderstanding of facts as to the crime of coercion and misapprehension of legal principles do not constitute a crime of coercion to the extent that it constitutes the constituent elements of the crime of coercion, and the defendant does not allow the victim to do an act of non-performance of obligation merely because the victim voluntarily shows his or her intention or shows his or
C. Even if the Defendant’s assertion of the act of political party is established, even if the crime of confinement or coercion is established, the victim’s act constitutes a justifiable act, and thus, the illegality should be avoided.
2. Determination
A. Before examining the grounds for appeal by the Defendant’s ex officio due to changes in the indictment, the Prosecutor applied for amendments to the indictment to the effect that “after having to enter the meeting room located inside the above office, from 7 to 16,” the facts charged in the instant case “(a)” was changed as follows. The subject of the judgment was changed by this court’s permission, and the lower court imposed a single sentence on the remaining crimes in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the lower court’s judgment cannot avoid reversal in its entirety.
[Revised facts charged] After having entered a meeting room inside the above office, the above office is held as a hand and the book is held as a hand.