Text
The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) On November 2016, Defendant A violated the Punishment of Violences, etc. Act (joint coercion) with respect to the obligation recognized by the victim himself/herself, and did not require the victim to use a loan certificate, and thus, Defendant A did not have any duty by threatening the victim. Therefore, the judgment below convicting the Defendant of this part of the facts charged is erroneous.
2) On December 10, 2016, Defendant A did not commit a intimidation or threat to a victim by violating the Punishment of Violences, etc. Act (joint coercion) and the Punishment of Violences, etc. Act (joint coercion).
The loan certificate is the victim's own, and the victim's vehicle is the victim's vehicle.
Therefore, the judgment of the court below that found Defendant A guilty of this part of the facts charged is erroneous in the misapprehension of facts.
B) Defendant B conspired with Defendant A to compel or interfere with the victim, and rather, he was merely an act to protect the victim from the above conduct. Therefore, the judgment of the court below convicting Defendant B of this part of the facts charged, which is erroneous in the misapprehension of facts.
B. The sentence sentenced by the court below (Defendant A: one year of imprisonment, and six months of imprisonment) against the illegal defendants in sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that found Defendant A guilty of this part of the facts charged against Defendant A, on November 2016, on the ground that: (a) although Defendant A, as indicated in the facts charged, was deemed to have prepared a loan certificate with the victim frightly, it could sufficiently be recognized that the victim escaped and attempted to commit a crime; and (b) the lower court’s judgment that found Defendant A guilty of this part of the facts charged is justifiable.