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(영문) 수원지방법원 안양지원 2019.7.29.선고 2018고단1316 판결

가.폭력행위등처벌에관한법률위반(공동상해)나.특수폭행다.폭행라.중감금마.특수감금바.사기사.상법위반아.아동복지법위반(아동유기방임)교사자.아동복지법위반(아동학대)차.폭행교사

Cases

2018 Highest 1316, 2018 Highest 1472(combined)

(a) Violation of the Punishment of Violences, etc. Act;

(b) Special assault;

(c) Violence;

(d) Heavy confinement;

(e) Special confinement; and

(f) Fraud;

G. Violation of the Commercial Act

(h) Child welfare violation teachers;

(i) Violation of the Child Welfare Act;

(j) A teacher of violence;

Defendant

1.(a)(c) . (d) . (f) . g. i.h.a. , A and wooda;

Gu Dong-si Adong in Gwangju Metropolitan City

2.b.ma. f. B, ○○○ School Line Teachers

Housing Yongsan-gu Seoul Metropolitan Government 5 Dong

3.(a)(i)(j) C, free of office;

Having been located in the middle Dong-dong of residence;

4.b.i.D., free from office;

Residential Jincheon-si 1 Dong

5.i.e., Kapetdozers

Suwon-si, Suwon-si, Dong Dong

6.(i)F, free of duty

Residential Guide Yacheon-ro Yadong

Prosecutor

Maximum police officer, prosecutor's office or prosecutor's office;

Defense Counsel

Law Firm* (for the defendant A, B, D, and F)

Attorney G, H, I, and J

Law Firm* (for the defendant A, B, D, and F)

Attorney K, L, and M

Attorney* (Defendant C)

Law Firm* (Defendant D)

Attorney Lee In-bok

Attorney P (Defendant E)

Imposition of Judgment

July 29, 2019

Text

Defendant A’s imprisonment with prison labor for 6 years and 3 years and 6 months, Defendant C’s imprisonment for 2 years and 6 months, Defendant D’s imprisonment for 1 year, Defendant E’s imprisonment for 6 months and Defendant F, respectively, shall be punished by imprisonment for 10 months.

However, with respect to Defendant E and F, the execution of each of the above punishments shall be suspended for two years from the date this judgment became final and conclusive. The seized Samsung mobilephone ( Model Number SM-A810S) shall be forfeited from Defendant F.

Of the facts charged in the instant case, Defendant A and B’s special confinement on Q, and Defendant A’s fraud on the R is not guilty.

The summary of the judgment of not guilty among these judgments shall be announced publicly.

Reasons

Defendant A is the head of ○○○○ church, which is located in the 000 Sincheon-si, and around 2014, shows that it is a way to screen dynamic images, such as earthquake and flags, etc. that occurred worldwide, and that it is necessary for Defendant A to take charge of the management of the above 0-year church in the 0th century. We have to find a place to live in the world, the Kingdom of 2018, and the world. The world is the Republic of Korea where the 0th century was established, and the 0th anniversary of the 0th anniversary of the 0th anniversary of the 0th anniversary of the 0th anniversary of the 200th anniversary of the 20th anniversary of the 200th anniversary of the 20th anniversary of the 200th anniversary of the 20th anniversary of the 20th anniversary of the 4th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3rd.

On the other hand, Defendant A established a corporation with Defendant B, ASEAN, and V as its representative, and operated agriculture, food, beauty business, beauty business, construction business, etc. at each page, placed sexual chart, managed the overall life of the gender by selecting the head of department and team leader and receiving daily reports, and allowed male and female members to live in a group by separating them, such as prohibiting the sharing of their family members, and allowed sexual intercourse to watch the church on the day of the church or the church or by filing a complaint of the sex that had been actually capable of carrying out their duties, and conducted such a scambling with each other by using the above scambling method, and by using the scambling method, the reason why the scambling method and the scambling method should not be paid for all labor, and the reason why the scambling method should be applied to the above scambling method.

【Criminal Facts】

1. The defendants' criminal facts related to the "Ttama" of the defendants

A. Defendant A’s sole criminal conduct

At around 15:00 on December 28, 2014, Defendant A used chemical fertilizers in cultivating crops by the victim V (5 years of age) who belongs to the Ministry of Agriculture and Forestry of a corporation 000 from the temporary distribution of the building in the mid-gu Seoul metropolitan area in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, on the ground that Defendant A used chemical fertilizers from the temporary distribution of the building in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea (5 years of age). Defendant A assaulted the victim as described in the attached Table I-1 and paragraph (2) of the Republic of the Republic of the Republic of Korea.

B. Joint criminal conduct by Defendant A and Defendant C

(1) On December 4, 2015, immediately before entering the Republic of Korea, Defendant A instructed Defendant C, T, AB, AC, Z, etc. to take the place of an indecent act against the new female, and ordered Defendant C, T, AB, AC, and Z, etc. to take the place against the victim.

Defendant C, at around 22:00 on the same day, got the victim to sit in the center of the city in the development room of the Pedi farm located in the Republic of Sluxa. At around 22:00, Defendant C had the victim sit in the center. Defendant C proceeded with the victim by pursuing the victim, etc. while showing a mobile phone and “Zgggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg.

After all, the Defendants, together with AB, T, AC, and Z, suffered bodily injury as shown in Section 8 of the attached Table I, such as the treatment days in an influence, fluence, and eye, and the center of body was prevented).

(2) Special assault

On November 1, 2015, the Defendants conspired with AV 1, 200, AV 2, AV 1, AV 2, AV 2, AV 2, AV 2, and C, 4, and C, her husband, in collusion with AV 3, 5, 6, 5, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 15, 6, 5, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 6, 3, 5, 6, 6, 6, 5, 6, 6, 6, 6, 5, 6, 6, 6, 6, 6, 6, 6, 3, 6, 3, 6, 6, 3, 6, 3, and 6.

C. Joint criminal conduct by Defendant A, Defendant C, and Defendant B

On January 5, 2015, at the second floor office of the OO intersection held in 000 (000 Macheon-si, Sincheon-si) around 19:00, the Defendants directed AM to "AE for women of AR," and as a result, Defendant B is "(i) why Irhe sexuality, dyp dyp?? Is Irat?? Is Irat?? Is Irat???? Is Irat???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

In the end, the Defendants conspired to assault the victim by force of the organization.

D. Joint criminal conduct between Defendant A and Defendant B

At around 22:00 on April 5, 2016, the Defendants: (a) instructed U to write off the victim on the ground that the victim Q Q (58 years of age) made it difficult to understand that the victim Q (58 years of age) has taken the face of the mother; (b) followed U to write off the victim; and (c) in that place, U would not be understood as “the case where the victim gets the mother’s mother”; (d) Defendant B conspiredd with U,T, AT, and AU with the victim on the floor of hand when the victim’s face can be taken more than 2:0; and (e) Defendant B conspired with U,T, and AU and organization’s force, and conspired with the victim to enter the victim’s face as stated in attached Table I-2, A2, A5 years of age of violence, assault, AV, AV, and AU, and Q2, and entered the victim’s face in attached Table I-2, A2, A5 years of age of force with the victim’s Association.

E. Defendant A’s special assault4

On July 18, 2015, the Defendant instructed AM to be present at the so-called so-called 's so-called 'Sexto', and accordingly ordered AM to sign the victim AO (5 years of age) at approximately 000 B, AM, AR, AW, AX, AX, etc. around 14:00 on the same day, the Defendant conspiredd with BM, AR, AW, AX, BX, and BY at the second floor of 000, which were located at the 000 Sincheon-si, Sincheon-si, Sincheon-si, with each hand of the victims at the time of the victim's her son's her son, AR, AW, AX, AY, and BY, and conspired with BY, as described in attached Table I, B, B, and B, and the Defendant conspiredd with B, B and 15 years of age 15 (5 years of age 15) and 5 (3 years of age her).5).

F. Joint criminal conduct by Defendant C and Defendant D

At around 19:00 on September 18, 2016, the Defendants: (a) cut the sex of the victim AZ (the age of 57), etc. (the victim A), etc. (the age of 57) who was scheduled to depart from the area to proceed with the scam for the scam for the scam for the scam for the scam for the scam for the scam for the 10 times; (b) on the contrary, even though the Defendant continued the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the scam for the s.

(g) Defendant C’s assaulter;

On January 1, 2017, the Defendant assaulted the victim at the RPC office located in the same farm at around 18:00, on the ground that the victim AO (5 years of age) did not work at the designated farm, and escaped from the designated farm and used it as AO, thereby inducing the victim to assault the victim. The Defendant assaulted the victim at around 10 times at the RPC office located in the same farm.

After all, the defendant instigated the defendant to assault the victim.

2. Crimes related to confinement of Defendants A, B, T, or U;

(a) Special confinement, heavy confinement, and confinement of victims V;

The Defendants, in collusion with T and U on July 18, 2014, were managed in such a way as to prevent the victim from returning to the Republic of Korea when the victim V (5 years of age), the victim was deducted from the passport to prevent him/her from returning to the Republic of Korea, and the victim was placed to the Ministry of Agriculture and Forestry of compliance 0000 and prevented him/her from getting out of the Republic of Korea. On September 29, 2015, the Defendants followed that the victim would return to the Republic of Korea on September 29, 2015, followed the religious awareness of the victim, such as the type of 5, 7, 9, 12, 14, and 15, and prevented the victim from getting out of the right of management of the O church in the Republic of Korea, such as the example of the Nabu farm, the Pacific Building from getting out of the right of management of the O church in the Republic of Korea.

Ultimately, the Defendants conspired with T and U on September 29, 2015, and detained the victim by showing the power of an organization from around November 2, 2016 when returning the passport to the victim. Defendant A, while being detained the victim, committed a harsh act against the victim as described in Section 5 of the List I, and in collusion with U, committed a harsh act against the victim as described in either paragraphs 14 and 15 of the List I of Offenses I.

(b) Special confinement, heavy confinement, and confinement of the victim AZ;

On September 28, 2016, the Defendants conspired with T, U, and the victim A (the age of 57) entered the affected area, and the victim was assigned to the Ministry of Agriculture and Forestry of 000 Nanbu farm of 000 and managed in such a way as to prevent the victim from getting out of the area while living in a group, the Defendants committed violence against AB according to the direction of the Defendant, as shown in attached Form I Table I, and the Defendant supervised AC, which is another sex, and prevented the victim from getting out of the area where the right of management of the church within the Republic of the Republic of the affected area, including the above Lanbu farm.

Ultimately, the Defendants conspired with T and U on December 4, 2016, and detained the victim by showing the power of the organization from around December 18, 2016 to the victim’s own escape. Defendant A, while being detained the victim, committed a cruel act as prescribed in Article 19 of the List I. The special confinement and confinement of the victim BD.

The Defendants conspired with T and U on August 5, 2016, when the victim BD (the age of 55) enters the affected area at the Gibu farm, the victim deducted from the passport to prevent the return to the Republic of Korea by the victim, and assigned the victim to the Ministry of Agriculture and Forestry of the Ministry of Agriculture and Forestry of 000com, and assigned the victim to the Litoa farm in the Republic of Litoa, and managed the victim in such a way as to prevent the victim from getting out of this area while living in a collective accommodation at the same time on November 20 of the same year, the Defendants got the victim to return to Korea, moved the victim to the Ministry of Agriculture and Forestry of the Ministry of Agriculture and Forestry on December 8 of the same year.

Ultimately, the Defendants conspired with T and U on November 20, 2016, and detained the victim by showing the power of the organization from around November 20, 2017 to around January 8, 2017, and the Defendant A, while being detained by the victim, committed a harsh act as described in paragraph 20 of the crime sight table I.

(d) Special confinement against AO;

On January 20, 2017, the Defendants conspired with T, U, and the victim AO (the age of 55) entered the farm above B, and took a passport from the victim to prevent the victim from returning again to the Republic of Korea, and assigned the victim to the Ministry of Agriculture and Forestry of 000com, and prevented the victim from getting out of the Republic of Korea. On March 11, 2017, the Defendants conspired with T, U, and used a religious ceremony for the same reasons as attached Table I-24, 25, and 26, and attempted to commit an act of assault from time to time. The victim was under the above assault and tried to escape from the place where the Defendants’ management does not reach the Republic of Korea. On March 11, 2017, the Defendants conspired with the victim’s consular detention from the Republic of Korea to the point where the victim went out of the Republic of Korea’s farm and went out of the Republic of Korea by force. < Amended by Presidential Decree No. 27817, Jul. 17, 2017>

(e) Special confinement of victims AD;

From August 13, 2014, the Defendants conspired with T, U, and the victim AD (the age of 43) entered the farm above B, followed the passport to prevent the victim from returning again to the Republic of Korea, and managed the victim by arranging the victim to the dysian Construction Team located in the Ministry of Agriculture and Forestry and the dysian City, the Ministry of Agriculture and Forestry, and preventing him/her from getting out of this area while living in a group. On December 19, 2016, the Defendants omitted the master (Mr.) when the victim called T by telephone. At around 15:00 on the same day, at around 15:0, the Defendants were 200 so that the victim could enter the dysian to the above dysian (the age of 43), and 100 fysian (the victim, the 200 fyalian) and 10 fyalian (the victim, the 2010 fyalian).

(f) Special confinement of victims AE;

From September 30, 2015, Defendants conspired with T, U, and the victim AE (the age of 44) entered the farm above B, and took a passport from the victim to prevent the victim from returning again to the Republic of Korea, and the victim was placed at the Ministry of Agriculture and Forestry, the Ministry of Agriculture and Forestry, the Ministry of Agriculture and Forestry, and the recovery team of the area in the territory of the Republic of Korea and managed the victim in such a manner as to prevent the victim from getting out of the Republic of Korea while living in a group, as shown in attached Table I’s 6,10, and the victim was under such violence as above, and the victim was under the escape first following the escape around March 15, 2017 with the aid of husband V who escaped, and the victim was under the influence of the victim from around October 27, 2017 to about October 27, 2017, the Defendants conspired with the victim to escape from the Republic of Korea on his own. < Amended by Presidential Decree No. 28101, Oct. 17, 2017>

3. The fraud of Defendant A and Defendant B

The Defendants were willing to acquire the property of the victim by iceing the donation on various grounds, such as the necessity for the acquisition of the victim to move from the victim S and the forwarding of the proceeds to the recipient.

According to such a public contest, Defendant B made a false statement to the effect that “If she wishes to go to the destination, 300 million won shall be paid to the victim who expressed his/her intention to go to the destination” at the office of Defendant B located at the time of the end of November 2014, Defendant B made a false statement to the effect that “in order to avoid a refund to the destination, she must build the Kingdom of 1,000 won at the place of the destination, and 30 million won shall be required at the expense of acquisition in order to take into account the destination.”

However, in fact, it does not need 30 million won at the expense of acquiring the visa of the Republic of Korea, and there was no intent of the Defendants to receive the above money and to have the victim receive the visa. Rather, even if the Defendants sent the victim to the victim, they did not have an intention to let the victim with old age victims work during the process of withstanding, and they did not have an intention to immediately look at the victim, such as by creating various equipment and a plan to immediately show the victim to Korea.

The Defendants: (a) deceiving the victim as above; (b) obtained KRW 30 million from the victim on January 29, 2015 to the unconstitutional amount of KRW 30 million from the victim’s non-acquisition name; (c) obtained KRW 20 million from the account under the name of the OOO intersection on June 13, 2015 to four occasions; and (d) received KRW 10 million from the same account on March 19, 2016 to the same account on December 3, 2016; and (c) received KRW 1 million from the same account on December 3, 2016 to return KRW 58,616,426 from the local corporation designated by the Defendants to the account of the company of KRW 383,547O on the same day.

After all, the Defendants conspired to deceive the victim and defrauded the victim with KRW 120 million.

4. Violation of the Commercial Act by Defendant A

The Defendant established several corporations, including “0000com, a representative of ASEAN,” and conspired with BF to establish a corporation, “0000 Korea on August 11, 2017, and the mutual change to 000 Korea on November 29, 2017,” as a way of pretending the payment of stock price in Korea.

On May 30, 2016, BF deposited KRW 50 million in the Nonghyup Bank account in Seocho-gu Seoul Metropolitan Government Yang Jae-dong, and received a balance certificate from the said bank branch. On June 1, 2016, the Seoul Central District Court commercial registration office in Seocho-gu received the above documents for application of legal entity such as the above certificate and received the registration of incorporation of 000 "representative director BF, construction material manufacturing, wholesale, retail, etc.," 25 million won which was paid as the stock price on the same day after the registration was completed, and then transferred to the new bank account (Account Number 302*),15 million in the name of the defendant.

After all, the defendant, in collusion with BF, proposed the payment of the share price of 000.

5. Child Welfare violations;

A. Defendant A and Defendant C’s violation of the Child Welfare Act (child abuse) forced sexual intercourses immediately before their departure from the place of destination to attend the place of destination. At the time of their stay in the place of destination, at the time of their stay in the place of destination, A and C granted the right to proceed with the scambling party by giving a particular right to proceed with the scambling party, and made the process recorded and reported to themselves. Accordingly, around November 1, 2016, Defendant C and AM directed Defendant C and AM to proceed with the scam for about 20 persons, even in their scheduled gender to depart from the place of destination. On the other hand, during the period from November 10, 2016 to December 12, 2016, AM managed the scam ○○○○ Association, A and A and C shall assist the Defendant C at the time of their stay in the place of destination, and recorded the process of the scaming party.

(1) On November 2016, Defendant C et al., at the time of the victim’s CH(the age of 17), had the victim attend the victim’s vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable at the victim’s vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable.

Ultimately, in collusion with AM and AK, Defendant A and C committed physical abuse that causes damage to the body of a child, and emotional abuse that may injure the mental health and development of a child.

(2) The Defendant A, as described in the preceding paragraph, instructed the victim BG (at that time, 14 years of age) to proceed with 20 persons of her gender scheduled to depart from the Republic of Korea from the Republic of Korea from the Republic of Korea, as described in the preceding paragraph. Accordingly, the Defendant C, etc. continued to have the victim her face at the scene described in the preceding paragraph (1) at the victim’s early stage, such as the victim’s external appearance R, AL, Madle L, CH, and Haveve B, and the victim her face at the victim’s early stage, and continued to have the victim her face at the victim her early stage for 1, 13, 11, 201, 26, 11, 27, 12.3, 14, 2007, her face at the victim’s early stage, and her face at the victim’s early stage during the aforesaid period her head her, and her entire her face at the victim.

Ultimately, in collusion with AM and AK, Defendant A and C committed physical abuse that causes damage to the body of a child, and emotional abuse that may injure the mental health and development of a child.

(3) Defendant A, as described in the preceding paragraph, instructed the victim BH (at the time of 10 years of age) to proceed with 20 sexual intercourses prior to about one month prior to departure. Accordingly, Defendant C, etc., in collusion with the victim at the same place as described in the foregoing paragraph (1) prior to the victim’s physical abuse and had the victim engage in her physical and mental abuse, thereby having the victim engage in her physical and mental abuse, as described in paragraph (1) at the time when the victim took part in the same manner as described in the preceding paragraph (1), and had the victim engage in her physical and mental abuse, including the victim, and thereby having the victim engage in her physical and mental abuse, thereby having the victim engage in her physical and mental abuse, as described in the second paragraph (1) at the time when the victim took part in her physical and mental abuse, and thereby having the victim develop her body separately from the victim at the same time.

B. Defendant A’s violation of the Child Welfare Act (child abandonment or neglect)

The Defendant, from 2013 to 2017, ought to have 00 Emblocks in the 20th Emblocks of the Republic of Korea and 100 Emblocks of the Republic of Korea, “I amblocks, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I amblance, I am amblance, I am amblance, I am amblance, I amblance, I am amblance, I am amblance, I am amblance, I am amblance, I am ambl with the Defendant’s 2 Rblance, I am.

【Criminal Facts】

1. 피고인들과 BF 의 아동복지법 위반(아동학대) 피고인 A는 2018.2. 경부터 피고인 D에게 자신이 성경을 해석하여 고안해 낸 행위의 식인 위 '타작마당'을 진행할 권한을 포함하여 성도 및 과천 000교회에 대한 전반적 관리권한을 부여하였고, 이에 따라 피고인 D는 피고인 E에게 성도들을 타작할 것을, 피고인 F에게 타작마당 상황을 동영상으로 촬영할 것을 각 지시하였다. 피고인 D는 2018. 2. 17. OOO교회 성도인 아동들이 장난치며 노는 것에 대한 고발이 들어왔다는 이유로 전국 각지에 흩어져 있던 성도들을 집합하라는 통보를 하였고, 같은 날 18:00경 과천시 추사로 000 000교회 2층 1호 사무실로 성도 약 30여 명이 집합하자, 먼저 피고인 D는 BM를 포함한 아동의 보호자인 모친들과 BM의 자녀인 피해자 BN(11세) 등 각 자녀들로 하여금 서로 뺨을 때려 폭행하게 하는 방법으로 타작마당을 진행하였고, 계속해서 같은 날 19:00경 피고인 E은 피해자 BN(11세), BO(9 세), BP(5세)의 모친인 BM에게 "CD씨가 교회 앞에서 1인 시위를 하면 BQ가 가서 팔짱 끼고 아무렇지도 않은 척 그렇게 한다고 들었는데 아니에요? 아니면 아니라고 이야기를 해주세요."라고 말하자 피고인 D는 "뭐라고 했다고?"라고 하면서 화를 내고, BF는 BM에게 달려들어 손바닥으로 BM의 머리와 등 부위를 1회씩 때리고, BM의 머리채를 잡아 바닥에 넘어뜨려 양손으로 BM의 머리와 등 부위 등을 수십 회 가격하였으며, 피고인 E도 이에 합세하여 BM의 몸을 손으로 잡아 흔들고, 등을 2회 때리는 등 바로 옆에 앉아 있던 BM의 자녀인 피해자들로 하여금 위와 같은 폭행 상황을 모두 목격하게 하였다. 계속하여 피고인 E은 피해자들에게 "너희도 정신 차려"라고 말한 뒤, 피해자 BN에게 "너 본 적 없어?"라고 말을 하며 손바닥을 휘둘러 피해자 BN의 얼굴을 7회 때리고, 피해자 BO에게 "너 일로와"라며 같은 방법으로 얼굴을 3회 때리고, 피해자 BP에게 "BR이 너 어린 것이 왜 눈치 봐, 왜 눈치 보냐 왜, 너 몇 살이야"라며 피해자의 양팔을 잡아 흔들고, 다시 피해자 BN을 향해 "야 너 할아버지 목사고"라고 말하며 손바닥으로 피해자의 얼굴을 2회 때렸다. 계속하여 피고인 D는 BM에게 다가가 "나라도 안 살아, 니네들이 남편 대적자 다 만들었어, 그래도 불쌍해, 네 신랑 죽이는 게 너잖 아"라고 말하며 손으로 BM의 머리를 수회 때리고, 발로 BM의 몸통을 걷어차 넘어뜨린 후 양손으로 BM의 머리채를 붙잡아 흔들고, 피고인 E은 "언니! 정신 차려"라며 BM의 머리채를 양손으로 잡아 흔들고, 피고인 F은 자신의 휴대전화인 삼성 갤럭시 A8으로 위와 같은 상황을 동영상으로 촬영하였다.

Accordingly, the Defendants conspired with BF to commit physical abuse, which causes damage to the body of victims of children, and emotional abuse which harms the mental health and development of children.

2. Defendant D and Defendant F’s violation of the Child Welfare Act (child abuse) around 08:20 on February 16, 2018, at the second floor of the OOO intersection meeting located in 000 as Jacheon-si, Jacheon-si, held about 15 sexual intercourses on the hand floor, taken a bS’s bS’s bS’s plicum, taken a bS’s bS’s bS’s shot, and instructed Defendant F to take a dynamic image, and accordingly, Defendant F taken it.

At around 17:00 the following day, the Defendants collected 15 children, including victimized children BT, BU, and BV, who are the children of the BS ASEAN, and played the images of the 15th day before the Defendant F from the Nopt North Korea to view them. Accordingly, the Defendants conspired to commit emotional abuse that harms the mental health and development of the victims who are children.

Summary of Evidence

"2018 Highest 1316"

1. Statement of Defendant C in the first trial record;

1. Entry of each part of the defendant A, B, and D in the second protocol of trial;

1. Each legal statement in the witness BW, BX, BY, Q, AD, and B (limited to the defendant A, B, and D) 1. The witness CA, AO, AZ, and C's respective statements in the 3rd trial records (limited to the defendant A, B, and D) 1. The witness E and Q's respective statements in the 4th trial records (limited to the defendant A, B, and D) 1. The witness CB, AB, AL, andCC's respective statements in the 6th trial records (limited to the defendant A, B, and D) and the CD's respective statements in the 6th trial records (limited to the defendant A, B, and D) 1. The witness, V, AE, AE's each statement in the 7th trial records (limited to the defendant A, B, and D), the witness CR, the witness 1, and the witness 1, B, and C's each statement in the 6th trial records and each statement in the AD (limited to the defendant A and D).

1. Each police statement concerning CF, CG, CH, BG, and H;

1. In the investigation report (victim S, a certified copy of the register and details of transactions), 1358-1359 out of the investigation report (the result of execution of the account seizure warrant), 1358-1359 out of the investigation report (related to execution of the account search and seizure warrant 2018-566), the part excluding the portion of the statement of AO and Parkbox in the investigation report (No. 2018-566) excluding the portion of the statement of AO and Parkbam in the investigation report (victim AA medical record), the investigation report (content of the victim's cellular phone conversation), the investigation report (verification of the contents related to the conversation of B mobile phone phone Kakakaook), the investigation report (the result of execution of the account seizure warrant), the

1. Report on support to Korean people's return (No. 2) (Evidence List No. 17), report on support to escape from the sexual chart of 00, report on a request for support to escape from the sexual chart of 00 mission, report on a request for support to escape from the sexual chart of 00 mission mission, report on a request for support to escape from the sexual chart of 00 mission mission mission, (2), (3), (4), (5) (Evidence List No. 20 to 24) and report on support to return from the new mission mission of 000 mission branch (Evidence List No. 191);

1. Records of seizure, list of seizure and photographs of seized articles of each police;

1. Data on the reply request for cooperation in investigation (No. 46 No. 46 of the evidence list), the warrant of search and seizure verification, reply data (Evidence No. 81 of the evidence list), and data on replys to investigation;

1. A report on the analysis of digital evidence (No. 426 No. 52);

1. A certificate of medical records (No. 1) and a medical doctor's opinion;

1. A copy of the 21 children's living records and family relation documents (the letter of warrants 2017-5395);

1. Each living record book (CI, BN, BO, BG) and each individual's release status (CJ, CK, BO, BN, CN, CN, CN, CN, CN, CO, CO, CP, QX, CTS, CTR, CTS, CI, CI, CTS, CTS, and BG), each living record book, and the current status of personal release (CU, CV, CW, CV, and CX) and each family relation certificate, etc.;

1. A certificate of full (including cancellation)-000 Korea for registration (including cancellation)--000 Korea for registration (end)- --000 Korea for registration (end) - Certificate (including cancellation) for all the registered matters (end) - Down 3 in Macheon City, general building ledger-general building ledger - 3 in Macheon City, 000 Korea business operator registration certificate; and

1. Full certificate of the matters to be registered (No. 91 No. 91 of the evidence list), inquiry of liquidity details, transfer certificate, and inquiry table of basic information on foreign currency transfers;

1. Articles of incorporation, written consent to the issuance of stocks, a share allocation list, a register of shareholders, a certificate of acceptance of stocks, a written consent to taking office, a copy of the general meeting of promoters, investigation reports, minutes of directors

1. (Details of Opening and Opening of 1,000 church accounts and money to be deposited and withdrawn, and (3) details of money to be deposited and withdrawn from the account of 000 church accounts and A, etc. as attached thereto;

1.(Pene 1)The content of the Kakao Stockholm dialogue;

1. Photographs records (1.00 p.m., 000 Korea), photographs (m. from which a DNA assaults and transmits AZ), photographs records (BD mobile phone calendar records), photographs records (proof that photographs taken after AE assault are extracted), photographs records (a photograph recorded after the AE assault) (a photograph, cell phone record, and page description recorded immediately after the use of the AE), photographic data, photographic data, and Kakaoo photographic data;

1. A list of the reported parties involved in the conclusion of a contract, their attendance at an inspection, and their names;

1. Materials related to seized articles (Kakao Stockholm, photographs of typhoma, etc.) presented at the time of investigation;

1. Statements and records of Defendant E in the second trial records;

1. Statements of Defendant A, D, and F in the second trial records;

1. Statement made by witnesses E in the fourth protocol of the trial (limited to defendants A, D, and F);

1. Statement made by a witness CE in the seventh trial records (limited to accused A, D, and F);

1. Protocol concerning the examination of some of the prosecutions against A, D, and F;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police statement about Y, CB, CD, CI,CC, CE, and BY;

1. A criminal investigation report (Attachment of child abuse dynamic images) (Attachment of a CD), a criminal investigation report (Attachment of a photograph to a child abuse dynamic image) and a criminal investigation report (Attachment of a photograph of the suspect F photographic video);

1. Other closures of each dynamic image closure data, and closures of video data of the tafs;

1. Application of the family relation certificate and marriage relation certificate, and the transcript of the register in violation of Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 260(1) of the Criminal Act; Article 2(2)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 278, 276(1) and 30 of the Criminal Act; Articles 277(1) of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 628(1) and 62(1) of the Criminal Act; Article 30 of the Criminal Act; Article 257(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; Article 30 of the Child Welfare Act; Article 271 of the former Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017); Article 17 subparag. 17 of the Child Welfare Act

B. Defendant B: Articles 261 and 260(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 278, 276(1), and 30 of the Criminal Act; Articles 347(1), and 30 of the Criminal Act; Articles 347(1), and 30 of the Criminal Act; Selection of imprisonment

C. Defendant C: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 260(1) and 31(1) of the Criminal Act, Articles 71(1)2 and 17 subparag. 38 of the former Child Welfare Act, Article 71(1)5 of the former Child Welfare Act, Article 30 of the Criminal Act, each of the choice of imprisonment

(d) Defendant D: Articles 261 and 260(1) of the Criminal Act; Article 30 of the Criminal Act; Article 71(1)2, Article 17 subparag. 3, and Article 5 of the former Child Welfare Act; Article 30 of the Criminal Act (in addition, Article 71(1)2, Article 71(1)2, and Article 17 subparag. 5 of the former Child Welfare Act; Article 71(1)2, and Article 17 subparag. 5 of the former Child Welfare Act; Article 30 of the Criminal Act (Article 261 and Article 260(1) of the same Act; Article 71(1)2, Article 17 subparag. 3, and Article 5 of the former Child Welfare Act; Article 30 of the same Act; Article 71(1)2, Article 17 subparag. 5 of the former Child Welfare Act; Article 30 of the Criminal Act;

(f) Defendant F: Article 71(1)2, Article 17 subparag. 3, and 5 of the former Child Welfare Act; Article 30 of the Criminal Act ( comprehensively including the child abuse under Article 2018, class 1472(1)); Article 71(1)2, and Article 17 subparag. 5 of the former Child Welfare Act; Article 30 of the Criminal Act (the occupation of child abuse under Article 201, class 1472(2)); each of the imprisonment options

1. Aggravation for concurrent crimes;

Defendant A, B, C, D, and F: The former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50(1)2, and Article 50(1) of the Criminal Act.

Defendant E and F: each Criminal Code Article 62(1)(The following favorable consideration):

1. Confiscation;

Defendant F: Determination on the assertion of Defendant A, B, D, F, and the defense counsel of the said Defendants under Article 48(1)1 of the Criminal Act

1. As to the unspecifiedness of the public offering

A. The assertion

As to the facts charged No. 1-B, C, D, E (Defendant A), Paragraph (2) of the facts charged (Defendant A, B), Paragraph (4) of the facts charged (Defendant A), Paragraph (1) of the facts charged (Defendant A, D, F), Paragraph (2) of the facts charged (Defendant D, F), and Paragraph (2) of the facts charged (Defendant D, F), since the date and time, place, direction, or conspiracy of the Defendants are not specifically indicated, each of the facts charged was not specified.

B. Determination

As a joint principal offender falls under “the fact that public offering constitutes a crime,” it should be specified that there was a combination of intent to realize a crime by processing the crime jointly (see, e.g., Supreme Court Decision 2016Do2696, Apr. 29, 2016). Even if time, place, content, etc. of the public offering are not specified in detail or some of them are unclear, the facts charged can be specified by the other indicated matters, and therefore, if there is no impediment to the defendant’s exercise of his/her right to defense, it cannot be said that the facts charged are not specified solely for such reason (see, e.g., Supreme Court Decision 2004Do561, Jun. 14, 2007).

The facts charged of this case are not specifically indicated. However, the specific time, place, and content of each of the facts charged of this case are crimes that are difficult to specify. Each of the facts charged of this case is common to each of the facts charged of each of the crimes, including Defendant A, B, D, and F, and the role performed at the ○○○ Council. In particular, the content that Defendant A was given the authority to proceed with the 'Ttama' by attempting to act as the 'Ttama', thereby giving Defendant C, D, etc. the authority to proceed with the 'Tama', the content that Defendant B served as the general manager in charge of the 's general management' at the place where Defendant B was avoided, and the content that Defendant D gave Defendant F instructions to each of the above Defendants, and the structure of community, etc. are stated in the indictment of this case, it is reasonable to view that the Defendants’ right of defense was not interfered with the exercise of the right of defense.

2. As to the Defendants’ conspiracy

A. The assertion

Defendant A and B did not instruct any other person to assault sexual intercourse, and there was no fact that the above Defendants did not report the case at the site. Defendant F was merely a photograph of the other party in accordance with Defendant D’s instruction. There was no conspiracy or functional control over each of the instant crimes.

B. In order to establish a joint principal offender under Article 30 of the Criminal Act, it is necessary to implement a crime through a functional control over a functional act based on the joint doctor as a subjective element. Here, the intent of joint processing is insufficient to recognize another person’s criminal act and to accept it without restraint, and it should be one of the joint intent to commit a specific criminal act, and to move one’s own intent to practice by using another person’s act. Provided, That it is sufficient that there is a trade name where each accomplice does not necessarily require prior conspiracy of the crime plan, and each accomplice bears the elements of a crime or bears the essential relation to the elements of a crime (see Supreme Court Decisions 2007Do6706, Sept. 11, 2008; 2007Do6706, Sept. 11, 2008).

On the other hand, the joint commission of a crime through an conspiracy is not based on the premise that all accomplices realize the elements of a crime by themselves, and it is possible to cooperate with the accomplices who implement the act of realization to strengthen their decision on the act. Whether it constitutes such a matter should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation in the act, the intent to control the crime, etc. (see Supreme Court Decision 2006Do1623, Dec. 22, 2006).

In addition, in relation to accomplices, a public invitation does not require any legal punishment, but is a combination of two or more persons to realize a crime through joint processing. Although there is no process of the whole conspiracy, if a combination of doctors is made by either consecutive or impliedly and through mutual consent between several persons, then a public invitation is established (see Supreme Court Decision 2011Do9721, Dec. 22, 2011).

In addition, in order to recognize such conspiracys, strict proof is required, but where the defendant denies the conspiracys, which are the subjective elements of the crime, it is inevitable to prove it by the method of proving indirect facts or circumstantial facts having considerable relevance to the nature of the things given the nature of the things. In such a case, what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the connection of the facts through a close observation and analysis based on normal empirical rule (see, e.g., Supreme Court Decision 2012Do520, Aug. 30, 2012).

In light of the following circumstances as to the Defendants’ status, authority, overall process of each of the instant crimes, and the Defendants’ roles in the process, etc. acknowledged by the aforementioned legal principles and the evidence duly adopted and investigated by the court, it can be sufficiently recognized that the Defendants conspired to commit each of the crimes as stated in the facts charged. The Defendants’ share of the Defendants is essentially an essential part of the realization of the entire crime, and its functional control is also recognized.

1) Status of the Defendants

Defendant A is a member of an O church who represents the community consisting of the above church gender. The gender of Defendant A was attended the ○○○○ Council by leading to the interpretation of Defendant A’s snow view and gender landscape. Many gender were in accordance with the belief that Defendant A’s clans move into the subject, and the above Defendant came to have an absolute status in the community of ○○○○○○ Council above general pastors. Defendant A took a role as a member of the management team of Defendant A’s work, who is in charge of management and supervision of Defendant A’s work, and who is in charge of management and supervision of Defendant A’s general work group. Defendant A took a role as a member of the management team of 200,00,000, and Defendant A’s general work group, who is in charge of management and supervision of Defendant A’s work group. Defendant A took a role as a member of the management team of 200,000,0000,000,0000,000,000.

2) Community life of ○○ church

① Among the past 000 churches, many people live in a group in the vicinity of a church. There exists a "path" for each unit, such as a residential area, and these people are working free of charge at the place of business operated by a church or paying the benefits received by each unit of work, except in cases where a church listens to the snow, etc.

② Sexual intercourses that have moved to the place are located in a collective residence area in each region where they are located, men, women, and arches live in each region where they are separated, and their sexual intercourses are assigned to engage in farming, construction, cooking, ice ice ice ice ice, beauty business, etc. They finish their meals at a six-time period from 7:0 to 18:00, and they repeat their lives with their own view to 22:0 hours from 19:0 to 21:0, and they do not receive any consideration for their labor. ③ Defendant A made an act of “I” by creating a so-called “Ima” in accordance with the content, etc. that “I am sexual intercourses entered in the place,” and then made the appearance of Defendant A’s family members in a way that I am out of 9:00 to 19:0 and 19:00, 200 to 19:3). When Defendant A or his family members had been granted the authority to do so.

(iii) grant of authority;

In full view of the following circumstances, Defendant A was in the position to lead a community composed of the sexual intercourses, and granted the authority to control sexual intercourses to T, Defendant B, U, AB, etc. in the place, Defendant C, Z, Defendant D, D, D, AM, and other sexual intercourses, including them, and they performed their respective roles by controlling the victims by assaulting or monitoring them according to their authority.

① The victims have consistently expressed to the effect that the community of the 000 intersections has the structure of a class. Defendant A, a member of the OO intersection, and T which is an arche, has controlled and directed the sexuality as a representative of the compliance group, AB and U, and Defendant B, respectively. In particular, even if the representative of the election is not the representative of the office, T and B, etc., according to the intention of Defendant A and related persons by blood with Defendant A and Defendant A.

The representative and the general affairs have been performed, and the members of the community shall not raise an objection against it.

(2) The defendant C, who was disadvantageously called "other machine" by carrying out straws directly, has been in an investigative agency.

Until this Court, "the defendant has consistently been granted the right of writing from the defendant A", "All others have the authority to the defendant A and are in accordance with its direction" (legal statement, investigation records 1003 pages, etc.), the defendant B, U, C, and the defendant D et al. are hosting and proceeding the other party, and they were engaged in the other acts, such as singinginging the other party, but they did not open the other party at will and sign it (the investigation records 11449 pages).

③ The victim, witness, etc. stated to the effect that “Defendant A, at the time of the establishment of the school, instructed the 10th century or told the 1st century, etc.” (V, AO, AZ, AD and AE’s respective statutory statements and investigation records 2316 pages, 949 pages, 1574 pages, 1577 pages, etc.) ④ The term “1 inspection” was changed to the name of “13 inspection” as it was pointed out through broadcasting, etc., but the 13th anniversary of the completion of the survey of Defendant A, the 12th century was officially carried out by the police, including, but not limited to, the 13th anniversary of the 10th century, the 13th anniversary of the 10th anniversary of the 10th anniversary of the 15th anniversary of the 10th anniversary of the 15th anniversary of the 196th anniversary of the 10th anniversary of the 10th anniversary of the 10th anniversary of the 1st day of the 12nd day of the 3th day.

6) Even if Defendant B, C, D, and E, etc. who proceeded with the other party, are not specified by clearly memorying whether or not Defendant A specifically granted the authority by speech, Defendant A appears to have expressed that: (a) Defendant A, by giving direct instructions or speaking to them; (b) Defendant A had the authority to proceed with and execute the other sexual chart; and (c) other sexual charts have the authority to do so; and (d) as if they comply with such instructions.

4) The head of the reporting system room, the head of the team, the head of the division, the head of the region, the person in charge of the general affairs, and the general affairs have a system that enables the Defendant A to report or report on all important matters, such as reporting to the community of 000 times, including the other party, in order or directly reporting to the Defendant A, while managing the lives of the general sexual islands. Thus, regardless of the existence of the scene of violence, Defendant A and Defendant B, etc. are deemed to have been well aware of the progress of the other party regardless of the existence of the scene of violence.

① Many of the sexual views stated that Defendant A refers to both a day-to-day and another day-to-day which he does not appear at the scene or which he does not directly listen to the parties (5 pages 245 of each legal statement and investigation records of V, E, C, and AL, 1575 pages 1575 pages, 1592 pages, etc.).

② On the cell phone Kakaox room that is confirmed on the cell phone that was seized by Defendant A, each of the following contents remain to be reported about the contents of each gender to Defendant A, especially about who participated in a third party on the ground of Madson’s Madson’s Madson’s Madson’s Madon (Investigation Records 8412-8470 pages).

③ After the process of a third party, the list of participants and each participant took a white talk with a report (in the investigation records, 9529-9535 pages, 9536-9542 pages), and the progress of a third party was taken.

(4) When Defendant A’s prosecutorial investigation does not exist in the Republic of Korea, “AM, Defendant C, W, and Defendant D, etc. shall be placed in the Republic of Korea and shall make a prior or subsequent report (11100 pages of investigation records), and shall be deemed to be a Saturday or Kakakao Stockholm or Medi (1132 pages of investigation records).”

5) Defendant A’s obscene images, etc.

Defendant A submitted a novel image, etc. on December 14, 2016, Defendant A sent a warning that Defendant A would not assault Defendant C’s sexual intercourse, and Defendant C did not instruct Defendant C, etc. to do so.

However, even after December 14, 2016, the act of assault was continued under the name of the other party, which was reported to the defendant A, and considering the absolute status of the defendant A, it is difficult to see that the act of assault was committed for a long time against the above defendant A or his will, and the defendant C, at the time of investigation by the prosecutor, instructed the other person at the platform that the defendant A instructed the other person at the time of his investigation, he did not go against the other person. In light of the fact that the defendant A made an unreasonable statement (11479 of the investigation record) and made a statement, it cannot be deemed that each act described in the facts charged was committed without the direction of the defendant A, or that the defendant A was punished against the defendant.

3. Regarding the credibility of the victims' statements

A. The assertion

The victims make an exaggeration statement even though there was no violence or cruel act as stated in the facts charged.

B. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is difficult to see that the victims have made a false statement, and their statements are credibility.

① The victims have consistently stated the facts of damage as stated in the facts charged at an investigative agency to the present court. In addition, the victims have made a statement by specifically memorying the background, place, person who has been respectively challenged, the situation at the present time, etc., and the victims have also made a statement of physical pain after the case and the subjective emotional state of the victims in detail, and thus, are credibility.

② The victims indicated in the facts charged are witnesses of other cases. The statements made by the victims and witnesses correspond to those of the victims and witnesses, and the contents of the witness and their shocks were expressed in detail.

③ However, the victims made a statement about the accurate date and incidental facts, or made a statement that is somewhat inconsistent with the snow images submitted by the Defendants. However, the above, the victims have been working over several years, and the victims may be satisfy or unclear because they got involved in a large number of satisfys. In other words, it is difficult to expect the victims to consistently memory each other due to the date of memory due to the passage of time, etc., and it is difficult to expect that there is any omission or additional statement, partial inconsistency or reversal of the contents of the damage, and supplementary statement in a series of statements. Also, it seems natural that there is a omission of or additional statement in the process of a series of statements, or a statement that is submitted by the Defendants is not sufficient to conclude that there was no assault even if there was no assault by the victims. In the case of the victim 4BD, the victims made a mobile phone with the contents of the satisfying and cruel act in the head of the victim, and the victims were also satisfyed after the victim.

⑤ On the other hand, the victims taken photographs in the place, or posted a photograph taken in the individual SNS after they returned to Korea, and taken pictures or posted notices that deny damage. However, the victims do not look at the place.

In light of the fact that the victim made a statement that he/she was free from happiness on the ground that he/she does not appear, and that it is difficult to conclude that he/she was immediately after the assault because he/she did not appear on the photograph submitted by the Defendants, and that AO reads the scripts prepared by the church conference with respect to the videos taken by him/her and posted by him/her.It is difficult to deny the credibility of the victim's statement on the Internet because he/she had a photograph of the appearance that the victim was going to go through censorship on the bulletin made by the church, and that he/she directly prepared or corrected it by the church because he/she was notified of the ID and password, and that there was a statement that he/she directly prepared or corrected it by the church.

④ At the time of the prosecutor’s investigation, Defendant A also directed the Victim A to the other Ma on December 4, 2015; around June 2017, the facts of assaulting the Victim R were recognized (in the investigation record 11102, 11135 pages); Defendant B used the Victim AE on January 5, 2015 at the time of the investigation by the prosecutor (in the investigation record 11255 pages); Defendant A used the Victim Q around January 5, 2015 (in the investigation record 11257 pages); and Defendant A used the Victim Q around February 2016 (in the investigation record 11257 pages); and Defendant A made a statement consistent with the facts of assault (in the investigation record 11258 pages); and Defendant B made a statement consistent with the victims.

4. As to the assertion of illegality rejection

A. The assertion

The terminated Party was in progress with the consent of the victims when they want. Even if there was a writing, the illegality is excluded as a legitimate act that does not go against the consent of the victims or the social rules.

B. Determination and the consent of the so-called victim whose illegality is excluded in accordance with Article 24 of the Criminal Act should not only be construed as the consent of the person who is legally able to dispose of it in a case where it damages personal legal interests by interpretation, but also not be contrary to the ethical and moral social norms of the consent (see Supreme Court Decision 85Do1892, Dec. 10, 1985). In addition, even if a religious act is returned, in a case where the exercise of such tangible power was conducted as a religious act by exercising an abnormal or excessive tangible power and excessive physical freedom against another person’s body beyond the ordinary method and degree, it cannot be deemed as a justifiable act that is acceptable under the social norms even if it was conducted in the form and manner of a religious act (see Supreme Court Decision 2008Do2695, Aug. 21, 2008).

In light of the following circumstances revealed by the evidence duly adopted and examined by the court, the exercise of force against the victims beyond the mode and degree of “abstinence of the contents asserted by the Defendants,” and the exercise of force against the victims, is difficult to be considered as a legitimate act acceptable under social norms. Moreover, it is difficult to deem that there exists a valid consent by the victim’s free will, and the consent is not contrary to social norms. The act of assaulting the victims cannot be deemed as a legitimate act that does not go against the victim’s consent or the social norms.

① The 'Ttama' that the defendants explain is a religious event that sees a large number of sexual impulses that sees the fact that sacrifies and sacrifies are added, referring to the fact that sacrifies are added to sacrifies by drawing a marry, and that sacrifies are different from the line by distinguishing sacrifies from each other, sacrifies, and the quality and encouragement of the same sexual chart, and sacrifies that sacrifies the crime by giving a numerical reduction when the crime is serious and gender resources.

However, the Defendants’ act of assaulting the facts charged in the instant case was an act of causing physical pain to the victims beyond the degree of simply causing a sense of malutism by putting a large number of times against one person, rather than her at the time of 2 to 3 times bucking, and by making a number of persons who return to the same person, which goes beyond the degree of simply causing a sense of malutism.

② In a method, some of the features with a separate name, such as a type of shot machines, have the victim take the victim directly, and had his/her spouse, parents, grandparents, self-influences, and grandchildren scinate each other. There were cases where there were people to shot off or avoid the shot round and put them up on the floor, and where there were cases where people go beyond the floor (investigative records, 2840 pages).

③ There was also a place called disciplinary action in the place where it was called a disciplinary action. In other words, it was done as a means to control the sexual attitudes different from the essence of the plenary party explained by the Defendants, such as the case where a crime is solid and closed in a religious trial, etc., and the victims are not faithfully engaged in community life, or where the victims expressed a reflection on the enforcement department, and where minor mistakes or safs are not drawn, the result was not drawn in the building process, and where the victims expressed their intent to return to Korea in the place where they were expressed.

④ The victims expressed that they were strongly expressed to Defendant A, who is a pastor while living a religious life, and that they were in a state of mental honor. The victims explained that they should undergo an essential procedure to go to the skin called abortion in order to go to the skin. In addition, the victims could not easily refuse it because they were not physically, economically, physically, and physically free in the atmosphere of fear, and that they could not refuse it because they were in a situation where it is difficult to expect the help of local public authorities. The victims expressed that they would suffer a big pain if they did not participate in the skin or the other party. Even if they expressed their intent to “participation in the other party”, this is merely passive acts of assault in the state of psychological decline, and it is difficult to view them as genuine consent of the victims.

⑤ In addition, some assaults (No. 13, 17, and 23 No. 1) committed an assault against the will of a spouse or any other family member even though the victim did not want to do so. As to the power of an organization on May 2, 200, a minor who did not know of the intent to dispose of the physical freedom, or a disabled child, who did not know of the intention to dispose of the physical freedom, was also subject to such act (the Investigation Record No. 2842).

A. The assertion

The Defendants and some of the actors alone cannot be seen as an organization, and it is difficult to view that the whole gender of the Defendants and some of the actors has moved to the whole or a brupted from the past as an organization as a crime group. Therefore, the Defendants cannot be deemed to have assaulted and detained victims through the power of an organization.

B. Determination

1) As seen earlier, the ○○○ Association community has the common purpose of religious life according to the theory of Defendant A, a pastor, and is a continuing and organizational combination that continues to engage in collective life in the region or the place of destination. The term “organization prescribed in Articles 261 and 278 of the Criminal Act” refers to a continuous and organizational combination, and it does not mean a “criminal organization” as a group aimed at an illegal crime.

2) In addition, even in a case where only a group or organization’s force is based on the force of a group or organization, a special assault or special confinement, which assaults or confiness a person by showing collective power, may be established when it is satisfied to suppress the will of a person in a specific situation (see, e.g., Supreme Court Decision 2001Do1910, Jun. 12, 2001). The sexual intercourse has acted in accordance with the direction of the executive body, and the victim was equipped with a system of filing a criminal charge against the head of the group or team, etc. of the victims. The victims’ surrounding sexual intercourses or delivered to the executive body of departure from the Republic of Korea would have been resolved, and thus, it would be deemed that the victims could not easily come to their spouse, parents, and children. In full view of the fact that the Defendants were aware of the victim’s intent as the victim’s collective force upon the victim’s members of the execution body’s order.

6. As to the injury of the victim AA

A. The assertion

At the time of the instant case, the victim A gave lessons mainly to the victim A at the time of the instant case, and the victim did not do so to the same extent as the stated in the facts charged, and there is no causal link between the victim’s injury such as hump and the victim’s injury such as humpical blood.

B. Determination

In light of the following circumstances, the victim AA suffered an assault as stated in the facts charged, and thereby, the victim AA suffered an injury.

① V, AE witness of the victim A’s assault, made a detailed statement in detail at the time, the statement is consistent, and the Defendant also made an excessive breath of the victim A, along with AB, AC, Z, etc., according to the direction of the Defendant A, and AC took an excessive breath. At the time, although the victim was her walking, but the victim was her walking, it appears that there was a problem in the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the bat of the

② On December 24, 2015, 2015, 20 days after the date of the instant case, AA was diagnosed as 'hovassis' (3602~3609 pages of the investigation record). At the time, 'hovassis 10 on the symptoms of the victim' or 'hovassis 10 on the symptoms of the victim. It was not possible to suggest 'hovassis 10 on the symptoms of the victim.' In the absence of significant external symptoms, 'hovassis 519 on the investigation record’. Although the physician of the victim A was unable to discover hovassis from the victim's external emergency room on December 24, 2015, 'hovassis 510 on the investigation record', 'hiossis 10 on the victim's external and external hovassissis 3600 on the victim's external hussis 20% on the victim's external hussis.

③ Also, the indictment states that the injury of the victim AA was written as 's sacriffing soft blood, etc.', and it appears that only part of the injury suffered by the victim appears to be specified. A witness who observed the victim A immediately after the assault, including the statement of the defendant C, stated that the victim's state was changed into the bedclothes on the following day, and that he did not immediately walk through body and body (AO, A Q, andCC each legal statement, investigation records, 812, 2279, 39, 3948-391, 4068, 4209). According to the witness's statement, it is reasonable to view that the victim A was unable to drink or walk after the assault, even if the victim was unable to undergo the diagnosis at the time, it is difficult to view that the victim's body was damaged or completely damaged by the physical condition of the victim."

7. As to confinement

A. The assertion

0000com received and kept a passport in one place due to the issuance and extension of the visa and theft of the sexual chart, and managed it on an administrative level, and returned the passport at any time when they want to have sexuality. The victims, including the victims, were able to freely leave the country, and the victims were not detained because they could freely leave the country outside the management area of the ○○○○ School.

B. Determination

The crime of confinement is a crime that makes it impossible or extremely difficult to leave a certain area with the protected legal interest of the freedom of action of a person, and it is possible not only by physical and tangible obstacles, but also by psychological and intangible obstacles. The essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action. As the means and methods are not tangible or intangible. The deprivation of the freedom of action of a person in confinement does not necessarily need to be complete. Thus, even if the freedom of action in a specific area is permitted within the confined area, there is no complaint for the establishment of the crime of confinement (see Supreme Court Decisions 84Do655, May 15, 198; 200Do102, March 24, 200).

In full view of the following circumstances, it is reasonable to view that the victims were detained in the place where they freely express their intent to depart from the place of destination, or where they could have left the place of destination without any restraint.

(1) The victims, while entering the place of their departure, delivered a passport and departure ticket to the church to keep the church execution register. A passport is the only identification card that can prove his/her status and obtain departure permission. The passport itself cannot prove himself/herself in a foreign country, and may bring about a psychological decline, as a result of unclear departure. The same applies to the case where the church execution division had an administrative purpose, such as prevention of theft and issuance of visa, etc., in keeping the passport of his/her gender.

② In addition, the victims completed the after-school meals at 7:0 p.m., from 7:0 to 18:00, from 19:00 to 21:00 to 22:00, it was not easy for them to escape from such work with mind; and there were many cases where there was no money for personal use because they did not receive wages for labor; and most of the victims possessed mobile phones, which are able to communicate with the outside only with the outside, due to a fact that there was no serious mind even if there was a mobile phone, they could not communicate with the outside, and it was difficult for them to use the Internet (Investigation Record 4015 pages).

③ As seen earlier, there was a mutual monitoring system and reporting system in the place, and there was a place in the development room and the disciplinary room, and there was a place in which they came to end each day, and the end of the day. Persons sent out as disciplinary action have to go through or to witness at the place, and as well as those who have passed the place of the place of the place, they also saw that they were frightd and promulgated a sound suitable for the group in the disciplinary action against the new wall. In addition, when the victims expressed their intention to return to Korea, they observed the other sex, and some victims were actually sleeped or moved to another place in the place, and were under surveillance on the ground that they expressed their intention to return to Korea.

④ Defendant A emphasized that there was a pro rata relationship with the Embassy, Department, Police Station in the place of destination (Investigation Records 806 pages) and operated a Kapet at the Embassy (Investigation Records 2258 pages). Some victims stated that they had a doubt about whether it is possible to escape through the Embassy (Investigation Records 391 pages), and that they were able to express that they were ‘official politics' at the time of their arrival (Investigation Records 4198 pages), and that they were fluent fears about retaliation when their intention of return was expressed (Investigation Records 4198 pages). Ultimately, Defendant A could not freely express their intention of return to Korea or return their passport on the open page that Defendant A would bring about the passport.

⑤ In the case of Victim A0, even though entry and departure have been repeatedly stated in Korea due to litigation problems, at the time of “at the time of”, there is no person who reported the content of the lawsuit to the church execution division and obtained permission, and there is no person in mind of entry into and departure from Korea without being subject to restrictions. The victim made a statement to “I cannot come back to and depart from Korea” and explained the situation that I cannot return to Korea without obtaining permission for special reasons (legal statement).

6. As above, most victims were unable to say that their passports will be returned to the enforcement department, and they were absent from the area of residence in the future and returned to the Embassy without notifying the neighbors, and still express a sense of promulgation. If the victims could have easily returned their passports and could have returned to the Embassy without any restriction if they want to do so as alleged by the Defendants, it is difficult to explain the reasons why they went out of the collective residence area without any limit, solely on the ground that they would be able to know about the detention of their families.

7. The circumstances alleged by the Defendants do not obstruct the establishment of the crime of confinement, even if some victims were to have a certain extent of freedom within the place of destination, and even if they had a passport or mobile phone, they were carried out under the strict control of the executive organ including the Defendant A, and it is difficult to view that the victims were free to freely enter the Republic of Korea.

7. As to the fraud against the victim S

A. The assertion

Even if Defendant A’s explanation that it is necessary for Defendant A to take 30 million won at his own expense, it is not a false statement because it is actually necessary to take 30 million won in order to receive a uniting expense at the place of the crime. In addition, Defendant A provided that Defendant A had sexual intercourseed with 30 million won on the condition of moving to sexual intercourse, and that Defendant B said that Defendant B would be unconstitutionalizing KRW 30 million if the victim S would have attempted to move to the victim, and the Defendants did not intend to have the victim receive the victim to return to Korea immediately, and thus the Defendants could not be deemed to have received the money by deceiving the victim S. In addition, the victim’s contribution belongs to the “total share of a church,” and the Defendants did not acquire the money.

B. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, Defendant A and B, even though they did not have the mind to move the victim S to the destination, deceiving the victim as if they were to move to the destination, and received KRW 120 million from the victim. It should be deemed that the crime of fraud is established regardless of whether it was paid in the form of voluntary donation.

1) On June 2013, 2013, the victim S was consistently and specifically made a statement (i.e., the victim S began to attend the ○○○○ Council. A around August 2013, 2013, the victim S had been living together with the Defendant A. The date of bad faith, bad faith, and the date of exchange from Defendant A on the world.

성도들을 피지로 이전시켜 환난을 대비하여야 한다. 북한에서 핵을 쏴서 한국은 곧 전쟁이 나고 불바다가 된다. 유럽연합이 결국 세계를 정복한다. IS로부터 죽어가는 기독 교인을 구제하자. 살기 위해서는 피지로 가야한다.'는 등의 설교를 듣고 금방이라도 전쟁이 나고 기근으로 사람들이 다 쓰러질 것 같은 생각이 들어 약속된 땅인 피지로 가고 싶었다는 취지로 진술하였는데(수사기록 11270~11271, 11275쪽), 피고인 A의 설교 등을 듣고 피지로 가게 될 결심을 하였다고 구체적으로 진술하고 있다.

② Around November 2014, the victim S had experienced the Defendant B’s desire to go to avoid the crime, and had a statement that the Defendant B should pay KRW 300,000,000,000,000,000 referred to as “non-self-acquisition cost.” Since the above contribution was made, the victim S consistently stated to the effect that “The Defendant A, who was asked the Defendant A and the Defendant B about at any time, was able to pay KRW 30,000,000,000,000,000,000,000,000,000,000 won.”

2) A victim S with economic ability to raise funds and set up a disposal of an apartment house living alone around November 2014, which was the property before the said victim shows old age. It is very unusual that a senior citizen under the age of 68, who did not receive any income, disposes of an apartment house, which is a residence and the only property, and contributes it to a church without any consideration, and it is difficult to view it as a name of ordinary religious contribution. Similar to this, the victim S with an expectation that it would be possible to give up the remaining old age as a donation, that the victim S with an explanation that “the former property was paid under the name of contribution.”

3) The Defendants’ intentions

① The Defendants, while living alone in the Republic of Korea, knew the fact that the victim S would want to go to the skin, and if they knew that the victim would be forced to bring about a challenge for about two months after the victim’s moving to the place, the Defendants would have voluntarily donated or not delivered the entire property even if they knew of the fact that the victim would not have been able to bring about a challenge. However, the Defendants, even if they knew of the fact that the victim would not voluntarily donate or deliver the entire property, were able to have the victim reside in the place of destination.

② Nevertheless, the Defendants concealed the said victim from the place where the victim S was deprived of his will in two months between the place where the victim S was avoided. The victim S asked to be residing in the place where the victim was forced to undergo a spawd and advanced labor at the place where the spawd from the place where the victim was avoided. However, U, who served in the place of the spawd, had the victim go to the place where the victim was avoided without any particular reason, and had the victim go to the airport at the place where the victim was forced to return to Korea. Considering the above status and relationship between the Defendant A and U, it is difficult to deem that U left the place where the victim voluntarily left the place where the victim was avoided without the direction of Defendant A.

(iv)the subject to receipt of money;

① Around January 2017, 2017, the victim S issued a contribution amounting to KRW 60 million, and received a return, and then received a recommendation from the side of the 000 church (DC) to re-undertake the said money as missionary expenses. The victim S submitted to the bank a pre-mark as the bank did with CY and CZ, which is the sexual intention of being in charge of the account of 000 church accounts, and submitted to the bank. From the victim S’s account under the name of the victim S, the amount of USD 50,00 was remitted from the account under the victim Sc to the accounts under the victim’s name (1356 pages of the investigation record), the remaining balance was remitted to the account under the name of ○○○○○○○○ (1355 pages of investigation record, 3853-3854 pages), and the victim’s intent to receive an order from the Defendant O cannot be seen as either having received the money separately from the victim’s account.

Since then, the money paid by the victim S was used to be withdrawn from the place in accordance with the Defendants’ exclusive decision, and the use of such money is not deemed to have been used according to the Defendant’s total intent or executed according to the Defendant’s intent of the company (the Defendant’s assertion that the money was transferred to the place in accordance with the Defendant’s assertion). Ultimately, the above defrauded was used by the Defendants as the arbitrary use, and it cannot be said that the said money was not received by the Defendants on the ground that it was the donation of the original meaning that it was reverted to the collective ownership property of sexuality, including the victim S, including that of the victims.

9. Regarding violation of the Commercial Act

A. The assertion

Defendant A did not have publicly offered for the best payment with BF. In addition, the BF withdrawn the share capital that was paid for the establishment of a stock company, and then the promoters appropriated for expenses, such as lease deposit, which was paid for the company prior to the establishment of a company. Since it did not harm the capital adequacy of the company, the crime of provisional payment is not established

B. Determination

In light of the following circumstances recognized by the evidence duly adopted and investigated by this Court, it is judged that Defendant A conspired with BF to make the payment of the stock price of 000 corporation (hereinafter referred to as “instant company”).

① On May 30, 2016, an account in the name of BF of the instant company was newly opened on the same day, and KRW 52,719,000 was deposited from several accounts on the same day. Of these, KRW 25,00,000,000, more than half of the agricultural cooperative accounts in the name of the Defendant A, shall be deposited from the new bank account in the name of the ○○○○○ Association (name DA, investigation records, 729, 743, 744), and KRW 15,00,000,000 shall be deposited from the new bank account in the name of the ○○○ Association (name of the deposit, 729, 743, 744). On June 1, 2016, the payment certificate of the share capital was submitted from the above BF account under the name of the OO, to the new bank account in the name of the Defendant A, and KRW 25,000,00.

② Around August 11, 2017, the head office that the instant company moved to around 1, 2017 is Macheon-si 3, Macheon-si, ① Dong (Investigation Record 320-323 pages), the size of 98.37 square meters located in a general residential area, which is the appearance of the home house, and is not deemed the company building (Investigation Record 333-347 pages, 549-51 pages), and AO is an 'disbruptive underground space' with regard to the above place, and the sex is gathering as an organization from the place. The sexual chart is a luminous window. In full view of the fact that the instant church appears to have been using the church as a group of people, the above place appears to have been one of the places used by the group of people.

③ In addition, the instant company stated that its business registration was made (the investigative record 5596 pages), from June 7, 2016 to September 7, 2017, there was no details of national tax payment (the investigative record 326 pages) and there was no details of tax payment (the investigative record 148 pages), while explaining the process of export, such as the change of the name of the instant company, the procedure of change of the name of the corporation, and the farming equipment on the roadside, etc., the instant company stated that “The instant company is a subordinate company to pretend to engage in normal export transactions as if it were engaged in normal export transactions (the investigative record 3200-3202 pages).”

④ As seen earlier, in light of the status, etc. of Defendant A’s ○○○ Association, the use of an account in the name of 000 intersections, the establishment of a corporation related to 000 intersections and 0000 ventures, etc. shall be deemed to have been executed according to Defendant A’s intent. It is difficult to see that BF, which is merely the sexuality of 00 intersections, arbitrarily establishes a corporation by using the account in the name of 00 intersections and the money in the name of Defendant A without Defendant A’s permission.

⑤ From 000 to 1000, Defendant A, one of the promoters, spent total of KRW 9,138,641, including expenses for collecting fixtures and fees for the establishment of a company. In order to establish the principal office office of 0000, Defendant A, the Seocho-gu Seoul Metropolitan Government Yang Jae-dong leased KRW 30,000,000, and thus was withdrawn for the aforementioned expenses that were paid in advance. However, even according to the lease agreement (Evidence No. 22-2) submitted by Defendant A, there is no evidentiary document, and even based on the lease agreement (Evidence No. 22-2) submitted by Defendant A, the contractual party is a party to the contract, and thus, the claim to return the lease deposit belongs to the instant company, which is a corporation. In light of the fact that the file of the articles of incorporation of Korea Co.,, Ltd. (the name of the company of this case) was seized at the O00 (the title of the company of this case), which is not the location of the principal office of this case, it is difficult to deem that the company of this case.

④ Defendant A acknowledged facts on the charge of violating the Commercial Act when investigating by the prosecution, and led to confession of Defendant A, recognizing facts on the charge of violating the Commercial Act (No. 11120 pages of investigation records). 10. 10

A. The assertion

It is difficult to say that the act of not sending the victimized children to the school alone has left the school or left the school, there is no intention to leave the school for the Defendant A. Defendant A has emphasized the friendship of the church life through the snow school, and there is no fact that Defendant A instigated the guardian to send the victimized children to the school by ordering the guardian to speak. It is difficult to recognize the causal relationship between Defendant A’s snow school and the decision of the guardian.

B. Determination

1) Whether it constitutes a child care act

Article 17 subparag. 6 of the Child Welfare Act prohibits a child under his/her protection and supervision or neglecting to provide basic protection, rearing, medical treatment, and education, including food, clothing, and shelter. Article 13 of the Elementary and Secondary Education Act imposes an obligation on all citizens to send his/her sons and daughters or children under their care to elementary and secondary schools and to attend until their graduation from the elementary and secondary schools. The act that no basic compulsory education is conducted by the guardians of the victimized children in a way that they do not send the victimized children to the elementary and middle schools constitutes neglect of education.

2) Whether to recognize a teacher's act and causation

The act of the teacher's act refers to having the principal offender pass a resolution on the crime. If the crime can be resolved, there is no restriction on the means of the crime, and there is no need to do so explicitly and directly. The facts of the teacher's act in the above-mentioned crime constitute the crime, and there is no strict proof to recognize it. However, in a case where the defendant denies the fact of the teacher's act, it can be proved by the method of proving indirect facts that are relevant in light of the nature of the object, and in such a case, what is the case.

Whether it constitutes an indirect fact with considerable relevance ought to be based on normal empirical rule and ought to be based on a method of reasonably determining the link of facts by means of a thorough observation or analysis power (see Supreme Court Decisions 99Do1252, Feb. 25, 200; 201Do636, Jan. 23, 2014).

On the other hand, in order to establish a crime by a teacher, it is not necessary to be the only condition for the principal to commit the crime. Thus, insofar as the principal passed a resolution to commit the crime through an act of aiding and abetting the principal, it does not affect the establishment of the principal crime even in cases where the principal committed the crime due to another cause to the principal (see, e.g., Supreme Court Decision 91Do542, May 14, 191).

In light of the following circumstances, according to the evidence duly adopted and examined by this Court, Defendant A had his guardian not send the victimized children to the school through the snow school, etc., and thereby, the victimized children could not receive education.

① Many sexual intercourses are as follows: Defendant A did not have to see in the school; Defendant A’s three bad scores. At present, it is more important to listen to the gender of the school; whether the school is open to the school; whether she is in a clean and proper manner; and when she comes to the school, she will be sent to the school at that time; she is sent to the school. Doing to the school. Doing to the school, Doing to Doctrine is more good than school classes; Doctrine is more advanced than what you are born; Doctrine is open to school; Doctrine is more favorable than school classes; Doctrine is to listen to the language inside the school; Doctrine is called as “I or Doctrine’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children’s children without hearing.”

② Although there was a case where one of the parents not attending a church oppose or opposing the person with parental authority, there was also a case where other protectors attending a church do not attend the school after hearing the above horses of Defendant A and send the children to the school. In fact, at least 26 victimized children did not attend at least an elementary school and middle school for a considerable period, or enter a school, and they did not attend the school, and they appeared at the OOO intersection meeting together with their guardians on the ordinary day, and they participated by the school and the police, and Defendant A expressed that they sent the children to the school at that time.

③ Considering the belief and trust of Defendant A’s religious authority and sexual attitudes as seen earlier, even if the guardian was an adult, he seems to have the largest influence on Defendant A’s novel, name, and meeting when the guardian passed a resolution on his decision-making.

Reasons for sentencing

1. The Defendants: (a) committed violence and cruel acts by taking advantage of their religious authority to victims who are gathered at a church to lead a religious life. In particular, the majority of the cases took place with the power of an organization abroad where the victims could not easily help with public authority; (b) took place within a long time group of churches; and (c) took place with their family members to file a complaint and assault with each other; (d) the victims were seriously affected by collective harmful acts, and were seriously affected by extreme fear and considerable mental impulses. In particular, the victims were included in the victims, who did not have their own ability to determine, and were unable to take advantage of their own experience, their parents, and their normal school life, and who did not have any strong experience in the process of their religious activities, and were unable to have any other family members and their children informed of the victims, and thus, they did not have any way to defend their respective children and children during the process of criminal investigation. Moreover, the victims were able to have been able to have his/her own family members and their children informed of their experiences.

Although judicial agencies should be careful in participating in religious activities, it is inevitable to severely punish any person who commits an illegal act under the pretext of religion beyond the freedom of religious activities.

2. Reasons for individual punishment;

A. Defendant A

1) The scope of recommending sentencing guidelines

A) 1 Crimes (Fraud)

[Determination of Punishment] The General Fraud [Type 2] 10 million won or more, and the aggravated element of less than 500 million won [Special Aggravation]: Cases where the victim has caused serious damage to the victim (where most of the victims have lost their property)

[Recommendation and Scope of Recommendation] Aggravation, 2 years to 6 years of imprisonment

B) Class 2 crime [Violation of the Punishment of Violences, etc. Act (joint injury)]

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Aggravation] Aggravations: Where a person led or led a crime, the victim who is vulnerable to the crime (the victim was vulnerable to the crime due to age, etc., and the defendant was aware of it).

[Recommendation and Scope of Recommendation] Special Aggravation, Imprisonment from six months to nine years;

C) Type 3 (Special Confinement).

[Determination of Punishment] Arrest, Confinement, or A. General Criteria for Arrest, Confinement (Type 1) General Arrest and Confinement

[Special Aggravation] Aggravated Punishment: Where a person led or led a crime (except for the type 3), or commits a crime by showing the public power, the degree of arrest and confinement is serious (the degree of violence and intimidation in the course of confinement was more severe).

[Recommendation Area and Scope of Recommendations] Special Priority Area, 8-3 years of imprisonment

D) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor of June to October 15, 200 (the upper limit of the first crime + the upper limit of the second crime + 1/2 + 1/3 of the upper limit of the third crime)

(ii)decision of sentence;

The Defendant, as the pastor of the ○○○ church, was directly directed or led to the overall crime, and was used as a means of governing the system created by the Defendant, is consistent only by the vindication that most of the Defendants did not participate in, or did not know about, the crime. In addition to the victims’ assault and confinement, the Defendant committed fraud, child abuse, and the crime of aiding and abetting and abetting a child. An elderly victim S has the right to receive basic education for the development of perfect and harmonious personality, but the minor victimized children have the right to receive basic education from the age of her age, but failed to receive compulsory education, thereby getting damaged by the normal growth and character development. The victims have lost a family beyond the damages under the facts charged, or failed to become aware of the mental disorder, and the most fundamental cause of the instant crime was the Defendant’s crime.

B. Defendant B

1) The scope of recommending sentencing guidelines

A) 1 Crimes (Fraud)

[Determination of Punishment] The General Fraud [Type 2] 10 million won or more, and the aggravated element of less than 500 million won [Special Aggravation]: Cases where the victim has caused serious damage to the victim (where most of the victims have lost their property)

[Recommendation and Scope of Recommendation] Aggravation, 2 years to 6 years of imprisonment

B) Class 2 and 3 crimes (each special confinement);

[Determination of Punishment] Arrest, Confinement, or A. General Criteria for Arrest, Confinement (Type 1) General Arrest and Confinement

[Special Aggravation] Aggravated Punishment: Where the degree of arrest and confinement is serious (the victims were detained, and the degree of violence and intimidation in the course of confinement is more severe) in a case where a group or a group of people's power or a crime was committed by carrying a dangerous object.

[Recommendation and Scope of Recommendations] Special Priority, 8 months to 3 years of imprisonment

C) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment of two years to eight years (the first crime maximum + the second crime maximum + 1/2 of the second crime maximum + 1/3 of the third crime maximum)

(ii)decision of sentence;

The Defendant, as a dubeds of A, takes charge of general affairs in the place of the crime, was involved in special confinement, special violence, fraud, etc., and played a leading role in each crime as the executive body of the community. In light of the status and role of the Defendant, Defendant C is very heavy in responsibility like Defendant A.

1) The scope of recommending sentencing guidelines

A) Class 1 crime [Violation of the Punishment of Violences, etc. Act (joint injury)]

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Aggravation] Aggravations: Where a person led or led a crime, the victim who is vulnerable to the crime (the victim was vulnerable to the crime due to age, etc., and the defendant was aware of it).

[Recommendation and Scope of Recommendations] Special Priority, Imprisonment from June to September 3

B) 2 and 3 crimes (each special violence);

[Determination of Punishment] 03. Violence Crimes / [Type 6] Special Violence / Special Assault

[Special Aggravation] Aggravations: Where a person commits repeatedly over a considerable period of time.

[Recommendation and Scope of Recommendation] Aggravation, Imprisonment from 6 months to 2 months

C) Scope of recommendations according to the standards for handling multiple crimes: 6 months to 5 August 10 (the first crime maximum + the second crime maximum + 1/2 + 1/3 of the third crime maximum)

(ii)decision of sentence;

As a "one-time" machinery, the defendant involved in multiple crimes, such as joint injury, joint violence, and child abuse. The defendant's status, role, and degree of participation is heavy. However, if the defendant recognizes all crimes, the defendant's cooperation in the investigation process shall be considered as favorable circumstances.

D. Defendant D

1) The scope of recommending sentencing guidelines

A) Class 1 crime (Special Violence)

[Determination of Punishment] 03. Violence Crimes / [Type 6] Special Violence / Special Assault

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from April to October 1

B) Class 2 and 3 offences (each violation of the Child Welfare Act (child abuse))

[Determination of Punishment] Arrest, Confinement, or A. Articles 02(a) (Type 2) of the General Standards

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

C) Scope of recommendations according to the standards for handling multiple crimes: Six months to three years of imprisonment (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the second crime + 1/3 of the upper limit of the third crime)

(ii)decision of sentence;

Defendant took charge of leading over ○○○○○○○○○ Association, and, considering the status, role, influence of victims, etc. of Defendant, liability is not weak. In this case, the prosecution has been instituted only for special assault and child abuse crimes.

E. Defendant E

1) The scope of recommending sentencing guidelines

[Determination of Punishment] Arrest, Confinement, or A. Articles 02(a) (Type 2) of the General Standards

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(ii)decision of sentence;

The Defendant is against the law by recognizing all criminal acts from the investigative agency to this court. The Defendant also undergoes the process of assaulting himself/herself and his/her her her her her son, and committed an act of assaulting other persons to avoid assault, but he/she voluntarily escaped from the OO intersection to stop the criminal act, and actively cooperate in the investigation process. The Defendant is going to lead his/her her son and her son and her son and her son and her her son and her son and her son and her son and son and actively cooperate in the investigation process.

F. Defendant F

1) The scope of recommending sentencing guidelines

(A) 1 and 2 crimes [each violation of the Child Welfare Act (child abuse)]

[Determination of Punishment] Arrest, Confinement, Abandonment, or Abuse 02. A. The General Criteria (Type 2)

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

B) 2 crime [Violation of Child Welfare Act (Child Abuse)]

[Determination of Punishment] Arrest, Confinement, Abandonment, or Abuse < by Act No. 0258, Feb. 1, 201>

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

C) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to two years (the first crime maximum + the second crime maximum 1/2)

(ii)decision of sentence;

The Defendant, according to the direction of Defendant D, taken a shotma, and screened it, did not seem to be liable for liability by taking part in the crime of child abuse, but did not become aware of the seriousness of his act. However, the fact that the Defendant was not to commit a direct assault in the crime of this case shall be considered as favorable circumstances.

Parts of innocence

1. The special confinement of Defendant A and Defendant B’s victims Q. A summary of the fact in the lawsuit

around July 22, 2015, Defendants entered the Republic of Korea from a Naba farm in the Republic of Germany, and maintained the method of reducing the victim’s passport from the victim to prevent the victim from returning to the Republic of Korea, and posting the victim to a construction team belonging to 000com and North Korean island to prevent him from escaping from the Republic of Korea, etc., as shown in attached Table I, the Defendants had frequently committed an act of assaulting a religious ceremony as stipulated in attached Table I 11, 18, and 23 during the course of managing the victim’s life in a group by placing the victim in the building team belonging to 000com and North Korean island, etc., and had the victim go through the above violence, the victim was unable to escape from the management of the above church, such as immediately returning the passport and failing to return the victim.

After all, the Defendants conspired with T and U, and detained the victim by showing the public power of organization or the victim from June 26, 2017, when the victim was returned the passport.

B. Determination

Comprehensively taking account of the following circumstances acknowledged by the evidence, the evidence alone presented by the prosecutor is insufficient to acknowledge the fact that the Defendants were detained by the victim from the police officer on June 2017, and there is no other evidence to acknowledge this.

① From this Court, the victim Q Q expressed to the effect that “AU and AT have no choice but to go through a consul because there is no money to purchase a passport and an airline ticket in Korea.” However, the method to return to Korea was entered, and that U.S. purchased an airline ticket through a consul and a child located in Korea, and had U make a telephone call by connecting a consul and a telephone with U on June 24, 2017. The latter expressed that U would return to Korea. They were returned to Korea. The passport was returned following the following day. There was no separate way in the way to return to Korea after the passport was received, and the AU and AT came to go to the airport by going to Korea. There was no way to avoid going to the church.”

Even based on the statement of the victim Q Q, the victim Q could not change the passport to the "boomer" list on June 2017. However, since there was no money to purchase a passport and an airline ticket, it seems that the victim Q escaped in June 2017 and did not express his/her intention to immediately return to the defendant A or U as stated in the facts charged. In addition, when the victim Q Q personally completed his/her preparation for returning to Korea and expressed his/her intention to return to U, a general secretary, he/she returned his/her passport following day, and some of them did not act to prevent him/her from returning to the airport, and they did not act to prevent him/her from returning.

② The victim Q expressed that “IO will talk properly if IO returned from the place of departure to Korea before the month of returning to Korea,” and received a passport for departure from Korea. At the time of the instant return, I tried to talk about Defendant A, who was the day before the date of departure. In view of the fact that I would have to talk about Defendant A at the time of returning to Korea, I tried to do so on Sundays.

③ Although U et al.’s reason for returning U’s passport and preventing the victims Q were due to the fact that Q purchased an airline ticket by communicating with the Embassy in advance, and that U returned a passport after telephone conversations with the Embassy consul and gave a warning that it would not leave the Republic of Korea, it is difficult to deem that U detained the victim by providing “the Defendants, after having notified his intention to return to the church on June 24, 2019, cannot escape from the management of the 00 church by immediately returning the passport and failing to return the passport” as stated in the facts charged.

2. Fraud by Defendant A’s victim R

A. Summary of the facts charged

From the end of 2014, the Defendant made a false statement to the victim R through a continuous explanation to the effect that “the Republic of '○○○ School from the end of the end of 2014 was set up in '○○ School'. In preparation for a change of land, the Defendant moved to the place of land in preparation for a change of land, set up a 'brupt' and occupied the land as a member of our school, and 30 million won is required to acquire the brupt, and when making a contribution, the entire property must be disposed of.”

However, in fact, the cost of KRW 30 million is not limited to the acquisition of the victim, and the above KRW 30 million is limited to the amount voluntarily determined by the defendant, and there was no intention to have the victim issue the victim.

The Defendant, as above, by deceiving the victim, was issued KRW 80 million in total by one cashier’s checks of KRW 30 million, 10 million, and two cashier’s checks of KRW 10 million from the victim at the end of March, 2016.

After all, the defendant deceivings the victim, thereby deceiving 80 million won from the victim.

B. Determination

In this part of the facts charged, the portion specified as a deception does not include KRW 30 million for acquiring the visa, and the above KRW 30 million was limited to the amount voluntarily determined by Defendant A, and Defendant A stated that Defendant A made it necessary to acquire the visa even if the victim R did not intend to obtain the visa.

In light of the following circumstances acknowledged by evidence, it is difficult to readily conclude that the evidence submitted by the prosecutor alone was an act of disposal that pays KRW 80 million to Defendant A to obtain a visa, and there is no other evidence to acknowledge otherwise.

① As to the reasons for paying KRW 80,000,000, the victim R stated that she would be punished if she remains her, she was aware of the fact that she would have a her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

② Defendant A also mentions that Defendant A’s foregoing 'A’ and inserted 'A’ as mentioned above, and sexual intercourses were left when making a contribution, and Defendant A also stated that Defendant A’s sexual intercourses were created without having to take his or her desire to make a contribution, and that he or she will have an excessive degree of pressure (a investigative record 1458-1459 pages).

③ Comprehensively taking account of the aforementioned statements, the Defendant’s contribution did not merely focus on the purpose of paying one’s own expense, but rather paid 8,000 won for the purpose of moving back to the country and ensuring one’s own well-being according to the horses of Defendant A. The Victim R also seems to have paid 8,000 won in the event that the Defendant did not make any contribution to the skin regardless of the cost of issuing the visa, rather than on the ground that Defendant A said Non-Party A said Non-Party A’s contribution was called as KRW 30 million.

④ The victim R delivered KRW 80 million in total as well as KRW 30 million in the name of issuance of the visa, and only stated the deception of KRW 30 million in the facts charged, and it did not clearly specify which deception would result in the said victim’s disposal of KRW 50 million. 11)

3. Conclusion

Therefore, Defendant A and Defendant B’s special confinement of the victim Q, and the fraud of Defendant A’s victim R constitutes a case where there is no proof of crime, and thus, Defendant A acquitted under the latter part of Article 325 of the Criminal Procedure Act. The summary of this part of the judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.

Judges

Judges Secretary-General;

Note tin

1) Defendant A asserts that he submitted a towing image as of December 28, 2014 and did not perform an act indicated in the facts charged. However, Defendant A did not take the entire film of December 28, 2014, and Defendant A performed an act such as towing or singing out around December 28, 2014, and Defendant A did not have a serious relationship with the sex of the crime without the interval of the changed date and time of the crime. In light of the fact that the victim and witness AD’s statement that the date and time of the crime would be from December 28, 2014 to “written order on December 28, 2014,” and that even if ex officio corrected, it does not constitute a substantial disadvantage in the exercise of Defendant A’s right to defense. Thus, Defendant A’s ex officio change of the date and time of the crime, referring to the Supreme Court Decision 9Do10688, May 18, 2017, 207.

2) The indictment is written by the victim AA’s sick name as “a fluoral free blood, etc.,” and the fluoral free blood is the injury suffered by the victim.

According to the evidence examined below, the Defendants’ victim as stated in the facts charged is specified.

The facts of assault, the victim is acknowledged to have suffered from the injury as stated in its reasoning, and the act of assault and the award resulting therefrom.

The basic factual basis of the harm is identical (see, e.g., Supreme Court Decision 8451803, Oct. 23, 1984); the Defendants are in the course of pleading.

Claims as to the existence of a harmful act causing injury, occurrence of injury, causal relationship, circumstances after the harmful act, etc.

In light of the fact that materials are submitted and sufficiently examined, this part of the facts charged without changing the indictment.

As stated in its reasoning, even if modified, it is deemed that there is no risk of causing substantial disadvantage to the Defendants’ exercise of their defense rights.

ex officio change and recognize criminal facts as above.

3) With respect to paragraph 128 and 29 of the list of crimes, with respect to Defendant A, the legal statement of Defendant C and the protocol of interrogation of the suspect to Defendant C (a criminal investigation)

Pursuant to records 11173~1174 pages), Defendant C is subject to each police statement protocol against the victim Y

This part of the facts charged is found guilty.

4) Attached Table I 4, 12, 16, and 23 of the Crime List I [the name of the crime] and "joint violence" as stated in the indictment in light of the facts charged.

shall be corrected to the extent that the correction is made.

5) The phrase "2014" in the indictment shall be corrected as it appears in the clerical error of "2016" (see the victim's legal statement, the record 1).

6) The phrase “Korea” written indictment appears to be a clerical error of “00 Korea” (see, e.g., Investigation Records 615-616 pages).

7) Of the indictments No. 2018 Highest 1316, Article 17 subparagraph 3 of the Act on the Punishment, etc. of Criminal Defendant A does not include "Article 17 subparagraph 3" in the indictments.

In light of the fact that "physical abuse" was stated, this part of the applicable provisions of this Act seems to be erroneous.

8) See each Note 7).

9) Not more than 2018 high-level 1316 is omitted, and only '2018 high-level 1472 high-level 1472' is specified for distinction.

10) The intermediate steps of chronic and acute urgency

11) In fraud, a deception that differs from the deception of the facts charged cannot be recognized ex officio without due process.

(See Supreme Court Decision 98Do231 delivered on April 14, 1998).