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(영문) 서울남부지방법원 2014.05.16 2013고정3901
폭력행위등처벌에관한법률위반(공동감금)
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. Violation of the Punishment of Violences, etc. Act (joint confinement) Defendant A is the chairman of the Yeongdeungpo-gu Seoul Metropolitan Association D shop prosperity, and Defendant B is the advisor of the same prosperity.

From around 14:00 to 15:00 on May 4, 2013, Defendants jointly 231 of the above apartment commercial building E (the 68 years old), Defendant B told the victim that “I am lick, slick, slick, and do not pay the management expenses for several months, I am lick, I am slick in the shock slick, I am slick, I am slick, and I am slick, and I am slick in the shock slick, and left the water to Defendant B, and am slick in front of the door to prevent the victim from leaving the outside, and detained the victim for about one hour.

B. Around 13:00 on June 26, 2013, Defendant B, at the same place, damaged the victim’s ship-owned equipment by walking the wind engine at the same place, while taking a bath to cause the victim’s E to pay the management fee, thereby damaging the repair cost.

2. Determination

A. The term “joint confinement” means restricting the freedom of physical activities by preventing any person from leaving a certain place. According to the evidence duly adopted by this court following the lawful examination of evidence, it is recognized that he/she sits down at once a so-called so-called “E” to go out of the above office. Meanwhile, the following circumstances acknowledged by the evidence are as follows: ① The place of crime described in the facts charged in the instant case is the E office and the Defendants were staying in the above office before the Defendants found in the above office; ② the Defendants sought to divide E and dialogue between E and the above office at around 14:00 after the lapse of 2 hours.

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