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(영문) 서울고등법원 2020.10.15 2020노764
특정범죄가중처벌등에관한법률위반(보복감금등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant did not commit an injury by assaulting the victim on September 17, 2019, and there was no fact that the victim went through the telecom from September 21, 2019 to September 21, 2019, and was detained. The Defendant and the victim merely sent the victim with a personal relationship, such as having a sexual intercourse with the gate, going through the gate or going through the telecom, and having a sexual intercourse with the gate. 2) It is true that the Defendant invaded the victim on September 26, 2019 on the part of the victim’s house by receiving a false report from the victim.

However, after the conversation with the victim, the victim took place, and the victim took place, and the victim took place, such as the bathing beach, valley, restaurant, etc., and the sexual intercourse with the game, and the defendant did not arrest the victim for the purpose of retaliation.

3) Nevertheless, the lower court erred by misapprehending the facts that found the Defendant guilty of both the injury, confinement, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on the sole basis of the statements made by the victim with no credibility. (B) The lower court sentenced the Defendant to an unfair sentencing sentence (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 17, 2019, the Defendant, while talking with the victim, was re-checked by the victim, at the Seoyang-gu So-gu So-gu So-called So-called So-called So-called So-young, on September 17, 2019, the Defendant 1 suffered bodily injury and confinement (a summary of this part of the facts charged). On September 17, 2019, the Defendant 2 took part in the victim’s faces face by hand, making the victim’s body by drinking, taking part in the victim’s hand, and taking part in the victim’s body by hand.

At around 20:00 on the same day, the Defendant stopped the victim in the vicinity of the ancient city in the ancient city and let the victim get off the vehicle while the Defendant was moving the victim to a string car, as the Defendant would bring the victim to the house.

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