logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.18 2015노488
특수감금치상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no fact that the defendant cited a misunderstanding of facts and detained the victim.

The sentencing of the lower court on unreasonable sentencing (eight months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

The crime of confinement on the assertion of mistake is a crime that makes it impossible or extremely difficult for a person to move into a specific area with the freedom of action of the person as the protected legal interest of the crime, and thus makes it impossible or extremely difficult for the person to move into a specific area as such, not only physical and tangible obstacles, but also psychological and intangible obstacles. The essence of confinement is no restriction on the means and methods that restrict the freedom of action by restricting the freedom of action. It is not necessary to completely deprive the person of his freedom of action in confinement.

(2) The Defendant and his defense counsel at the lower court also asserted the same as the grounds for appeal of this case, and the lower court duly admitted and investigated the following circumstances. In full view of the following circumstances, the lower court determined that at the time of the crime of this case, the Defendant and the defense counsel at the lower court sufficiently recognized the fact that the Defendant carried the net value, which is a dangerous object, and prevented the victim from leaving the store.

At the time of the instant crime from the investigative agency to the court, the victim consistently stated that the Defendant was detained by committing the instant crime while carrying with himself the deceased.

At the time of the instant crime, the Defendant: “At the time of the instant crime, the Defendant was at the time of the punishment of the person who was sentenced, or was not at the time of the punishment due to the head of the Defendant’s post. (b) The punishment would be ever held, and if he opened a door, he would have taken the post, he would have taken the post.”

arrow