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(영문) 서울고등법원 2016.06.24 2016노734
특정범죄가중처벌등에관한법률위반(약취ㆍ유인)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) Defendant A, at the victim’s request, did not have cash in order to send the victim to the home, and Defendant A did not intend to remove a fake card and take a bath to the victim’s house in a timely manner under the condition that the victim did not have cash to grant the taxi fee, and did not intend to detain the victim to the guest room.

2) Since Defendant B entered the telecom room, Defendant B did not take part in the act of confinement as well as the victim’s intentional confinement.

B. The sentence of sentence against the Defendants (Defendant A: 2 years and 6 months of imprisonment; 40 hours of order to complete a sexual assault treatment program; 2 years and 6 months of imprisonment) of the lower court is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the crime of confinement is a crime that makes it impossible or very difficult for a person to deviate from a specific area by having the freedom of action as a legal interest to protect a person, and its essence is to protect a person’s freedom of action.

As such, there is no restriction on the means and methods of restricting the freedom of action, and an obstacle that makes it impossible or very difficult for a person to deviate from a specific zone can be made by not only physical and tangible obstacles but also psychological and intangible obstacles. As such, the means and methods of the crime of confinement are either tangible or intangible or irrelevant.

In addition, in order to establish a crime of confinement, it is not necessarily necessary to completely deprive a person of his freedom of conduct, and it was allowed to allow a certain freedom of life within a specific area under confinement.

Even if it is not possible or very difficult for people to deviate from a specific area due to tangible or intangible means or methods, the establishment of confinement is established.

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