The 84 days of detention before this judgment is sentenced shall be included in the above sentence.

One certificate (No. 14) and one certificate (No. 18) for a seized mother and child shall be confiscated.

The seized knife (Nos. 1 and 2) shall be returned to the injured party's name, respectively.

1. On April 20, 2007, at a five-story restaurant in the Seo-gu, Seo-gu, Seo-gu, Gwangju, one kitchen knife which is owned by the victim’s name and unclaimed boxes, and steals it;

2. At around 12:00 on April 20, 2007, the victim’s name unclaimed boxes owned by the victim’s name and unclaimed kitchen located in the Seo-gu Seo-gu, Seo-gu, Gwangju, and theft them;

3. 2007. 4. 20. 16:30경 광주 서구 쌍촌동에 있는 호반아파트 305동 계단을 따라 올라가면서 위와 같이 훔친 흉기인 부엌칼 2개를 소지한 채 귀가하는 사람을 물색하던 중, 1304호 앞 계단에 이르러 13층 엘리베이터에서 내려 아파트 현관문을 열고 집안으로 들어서는 피해자 공소외 1을 발견하고 위 피해자에게 달려들어 옆구리에 칼을 들이대고 뒤따라 집안으로 침입한 후, “집안을 뒤져서 돈 같은 거 있으면 다 꺼내놓으라”고 위협하여 위 피해자의 항거를 불능케한 후, 피해자 공소외 3 소유의 미화 176달러, 삼성디지털카메라 1대 시가 48만 원 상당, 세이코시계 2개 시가 합계 100만 원 상당, 캡틴 시계 1개 시가 5만 원 상당, 넥타이핀 1세트 시가 3만 원 상당, 금목걸이 1개 10만 원 상당을 빼앗아 이를 강취하고,

4. On the date and time indicated in paragraph (3), Nonindicted 1 was not found in cash immediately after the above crime, and Nonindicted 1 was able to acquire cash from his parents; Nonindicted 1 was waiting to ask his parents for home home time; Nonindicted 1 was sucked after the victim’s cell charging machine at around 17:50 on the same day; Nonindicted 1’s female life threaten Nonindicted 2 to enter the above kitchen knife with Nonindicted 3’s kitchen, and then, Nonindicted 3 was able to get the victim to take off, with Nonindicted 3’s cell knife at around 18:10 on the same day, so that Nonindicted 3, the mother of Nonindicted 2, “on the same day, Nonindicted 3,” and then, the victim, who was able to take off, with Nonindicted 3’s cell knife, with Nonindicted 3’s cell knife,” and the victim’s cell knife Nonindicted 2, who was 18:55 on the same day.

1. Making each statement of the protocol concerning the examination of the accused by the prosecution;

1. Each statement made by the police on Nonindicted 1, 3, and 2

1. Statement of seizure of each police;

1. Each situation report, suspect's autopsy report, investigation report, and photographs;

Article 329 of each Criminal Code (Athth and 2 thth th th th th thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes of Special Robbery as in the Judgment of the largest Punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Return of victims;

Article 333(1) of the Criminal Procedure Act

Of the facts charged in the instant case, the summary of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping and inducement) was arrested by Nonindicted 1, who is a minor, and received cash KRW 500,000 from Nonindicted 3 as indicated in the judgment of the Defendant, and acquired property using concerns over the safety of the kidnapped minor. As to this, the prosecutor prosecuted by applying Article 5-2(2)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 287 of the Criminal Act.

2. Determination

The act of kidnapping and attracting a victim under Article 287 of the Criminal Act refers to the act of moving the victim to a criminal or a third person under a factual control against his/her will against him/her (see Supreme Court Decision 2003Do8019, May 14, 2004, etc.). Arrest and confinement refers to the act of restricting the freedom of physical activity, especially the freedom of temporary selection because it is impossible or considerably difficult to take the person out of a certain division, by directly or practically binding the person's body, or by allowing the person to take out of a certain division. The hostage robbery crime under Article 336 of the Criminal Act is established in cases where a person is arrested, detained, kidnapped, or induced and using it as a hostage to acquire property or benefits by taking it as a hostage, while Article 5-2 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes includes a minor's abduction as provided for in Article 287 of the Criminal Act, which does not include any fear of acquiring or requesting the person's property safety or interests.

In light of the above, the interpretation of penal provisions should be strict, and the interpretation of penal provisions in the direction unfavorable to the defendant is not permitted as it is against the principle of no crime without the law (see Supreme Court Decision 2002Do4758, Nov. 24, 2005, etc.). According to the records, the defendant intrudes the victim's non-indicted 3 and 1's house at the time indicated in paragraph 4 of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the victim of the non-indicted 1, who is a minor, and the victim non-indicted 3 went home, using the fear of the victim non-indicted 3's safety, and it is difficult to see that the defendant obtained 500,000 won in cash from the victim non-indicted 3, who is the victim of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the minor's arrest and confinement.

3. Conclusion

Therefore, since the above facts charged do not constitute a crime, it should be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act. However, as long as the facts charged as the above facts charged contain the facts charged of the crime of hostage robbery and it is found guilty of the crime of hostage robbery within the same scope of the same facts charged, the above facts charged shall not be sentenced

It is so decided as per Disposition for the above reasons.

Judges Kang Jin (Presiding Judge) Kim Tae-ho Kim