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The judgment below
Part of the defendant A, B, and E shall be reversed.
Defendant
A Imprisonment with prison labor for seven years, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. 1) Defendant A (the crime of special robbery in the judgment of the court of first instance)’s kidnapping of the victim by Defendant A (the crime of special robbery in the judgment of the court of first instance) is divided into discussions related to the sale of the company owned by the victim’s family members who the above defendant intended to mediate. The victim was intended to receive an apology against the aforementioned part of the defendant, and there was no intention to forcibly take property or property gains from the victim. 2) Defendant B, and E were aware of the fact that Defendant B, and Defendant B were trying to force the victim from the victim with the intent of taking property or property gains from the victim, and thus, they cannot be said to have conspired to commit the crime of robbery with Defendant A and robbery. (b) Defendant B and E could not have predicted the death of the victim at the time of the crime of this case.
3) Defendant C [Violation of the Punishment of Violence, etc. Act (joint confinement) in the original judgment] Defendant C merely introduced Defendant B and E to Defendant A through K upon request by Defendant A, and at the time, Defendant A did not recognize that he was the victim to commit the instant crime. Thus, Defendant A did not have an intentional act as a requisite for establishing a crime of aiding and abetting. 4) Defendant A could have predicted the victim’s death at the time of committing the crime. B) As to the acquitted portion of Defendant D’s non-guilty portion of the reasoning as to Defendant A’s judgment in the original judgment, Defendant D knew that at the time of using the victim’s credit card, the credit card was forcibly taken from the victim at the time of using the victim’s credit card.
B. 1) The sentence imposed by the lower court on Defendant A, B, C, and E (Defendant A: Imprisonment with prison labor for 7 years and confiscation, Defendant B: imprisonment with labor for 6 years and Defendant C: imprisonment with labor for 1 year and 6 months.