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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor, such as the victim E’s statement, etc., which is the gist of the grounds for appeal, the court below erred by misapprehending the legal principles on the grounds of innocence, holding the Defendant not guilty of all the charges, and failing to explain the grounds for innocence as to the violation of the Punishment of Violences, etc. Act (joint confinement).
2. Summary of the facts charged
A. On March 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed assault against the victim E (29 years old) in a parking lot where the trade name in Yeonsu-gu Incheon Metropolitan City C is unknown between 01:47 and 01:58.
B. Violation of the Punishment of Violences, etc. Act (joint confinement) provides that the Defendant forced the victim to leave the back seat of the parking lot in which two male male in the name and the trade name in Yeonsu-gu Incheon Metropolitan City C are unknown, and two male male in the name in the name of the victim to leave the left side and right side of the victim so that the victim may not flee, and drive D with the victim. The Defendant driven his/her own vehicle and went back to G of Incheon Bupyeong-gu.
In this respect, the defendant detained the victim jointly with the two male men who are D and nameless.
(c)
The Defendant violated the Punishment of Violences, etc. Act (joint assault) at around 02:00 on March 22, 2014, the prosecutor corrected the phrase “ around 01:40 on March 22, 2014” as “ around 02:00 on March 22, 2014,” as stated in the indictment in the indictment at the trial of the relevant court. This is obvious that a clerical error has been corrected, and thus the facts charged are corrected without going through the procedures for modifying the indictment.
D, 2 male in the name of the victim, and 2 male in the above paragraph, and after arrival in the G described in the above paragraph (b), they assaulted the victim jointly with 2 male in the name of the victim.
3. Determination
A. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court.