beta
Text
The judgment below
The guilty part against Defendant B, A (including the innocent part in the reason), D, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the act forced (the defendant B) since the crime Nos. 1,2,5,6, and 7 of the crime list No. 1,2,5,6, and H was committed by coercion. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. Each sentence (Defendant B, C, and D: Imprisonment with prison labor for a maximum of one year and six months; Defendant A: a maximum of two years of imprisonment for a term of one year and one year and one year and six months) imposed by the court below on the Defendants is unreasonable.
2. Determination
A. As to the assertion of Defendant B’s act, the act of coercion referred to in Article 12 of the Criminal Act refers to an act of coercion by another person, such as imprudent violence, intimidation to cause harm to the life or body of the forced person. In this context, imprudent violence refers to a case where, in a psychological meaning, physical acts cannot be absolutely performed, in which physical acts cannot be absolutely performed, or is strong in ethical meaning, and intimidation refers to intimidation which does not have any other way to prevent harm to the life or body of himself/herself or his/her relatives, and coercion refers to a case where the forced person does not make a decision on free will of the forced person.
(1) The court below's decision and the court below's decision on July 10, 1997 (see, e.g., Supreme Court Decisions 98Do1309, Jul. 10, 2004; 2003Do5124, Dec. 10, 2004; 2003Do5124, Dec. 10, 2004). The following circumstances are acknowledged by the evidence duly adopted and duly examined by the court below and the court below, i.e., He had led to some of the crimes of this case. The defendant C made a statement to the purport that "H has abused himself and the defendant" in this court, but the defendant C made a statement to the effect that "I had abused himself and the defendant." The defendant C made several times of larceny regardless of H; 2. The accomplice who is an accomplice is the defendant B in the police.