2016Gohap768(a) Special robbery

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

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

(d) Magion;

1.(a)(c) A;

2.(a)(c) B

Newly Inserted by Presidential Decree No. 2011, Dec. 1, 201

Law Firm C (For the defendant)

Attorney in charge D

January 13, 2017

Defendant A shall be punished by imprisonment for three years, and imprisonment for two years and six months, respectively.

However, with respect to Defendant B, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Criminal History Office

【Basic Facts and Public Offerings】

Defendant A, from November 2014 to February 2016, operated the victim E (the age of 40) and the Internet private sports venue site in the name of "F" as a partner of the Chinese organization, was suffered investment loss, such as continuing to run, Defendant A planned to take part in the crime, Defendant B and H. I.D. (hereinafter referred to as "H, etc.") in order to take part in the act of committing the crime, and Defendant B and H.I.D. (hereinafter referred to as "the status of the crime"), which is the person who will take part in the act of committing the crime, and Defendant B and H.I.D. (hereinafter referred to as "H, etc.") who are the person who will take part in the act of committing the crime, and Defendant B and H will take part in the crime in order.

【Criminal Facts】

1. Defendant A

On February 7, 2016, the Defendant sent a mobile phone text message to the victim E, stating that “the width and work (referring to the settlement problem of the business operation) went to the hands of H, which is the width of China, and if you want to live, you send money. He is waiting to write down a clerical error in the form of width and G, and he promptly sent money under the pretext of protecting the width of the inside and outside, and without sending money, he would go to the same class that he created by G.”

The Defendant received 11 million won from the victim E and the victim G who received the instant text message once again through the said attack and received the text message again on the 9th day of the same month from the victim G.

2. Defendants’ co-principal conduct

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

On February 11, 2016, the Defendants shared with H, etc. according to the above public invitation, and opened the 'F office of the victim' in the Cheongyang-gu Incheon Metropolitan City Cheongyang-gu L, China, and Defendant B and H, etc., followed the inside of the office, and Defendant A refused to comply with the above public invitation 'the victim E', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', and

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

Defendants, in collaboration with H, etc., immediately after deducting the belongings from the victim E as above at the time of the above paragraph (a) above, the Defendants led the victim E to a impnee knee knee knee knee knee kne kne kne kne kne kne kne kne kne knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, the victim E, the victim E face and body kne knee knee knee ke kne, and the Defendant B kne kne ke kne kne ke ke ke ke ke ke ke ke ke ke k, the victim.

(c) Special robbery;

On February 12, 2016, the Defendants detained the victim E in the private house (8th floor) described in the above paragraph (b) above with H, etc., Defendant A demanded that the victim E, who was unable to resist due to the above assault and confinement, “the victim E, who was unable to resist due to the above assault and confinement, should be called “the victim E, who was on board and in the vehicle,” and Defendant B, provided the victim E with H, etc., who was installed in front of the victim, and provided the victim E with a vehicle guidance at the seat of the vehicle, and the victim G, who was parked in front of the kindergarten located in the city located in the city located in China, took the 80,000 won of the market price of the victim G, which was located in front of the kindergarten located in the city located in China.

(d) Violation of the Punishment of Violences, etc. Act against Victims G;

Defendants, in collaboration with H, etc., were detained E on or around February 13, 2016, as described in the foregoing paragraph (a) above, and Defendant A was transferred KRW 21,65,665,65 on the same day from G with 16,165,665 on the following day, including the sum of KRW 16,65,60,50,00,000, including the sum of KRW 21,665,65,65,665, as stated in the foregoing paragraph (1), if the Defendants did not pay money, such as, whether the certified copy of the political party’s family was removed or otherwise, the victim’s and his family members were living together with the victim’s family members.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Partial statement of the witness B in the court (limited to the defendant A);

1. Second prosecutor's protocol of examination of the defendant A;

1. Each police statement concerning G;

1. To the effect that a report on internal investigation (the details of transactions of the victim G bank account), internal investigation report (the document confirming that A intends to keep money by threatening the victim G), internal investigation report (the document attached to M's self-written statement about the situation from February 10, 201 to February 17, 2016), internal investigation report (the statement of N, etc. of the victim's kindergarten student N, etc.), investigation report (the confirmation of the suspect A and E financial account deposited by the victim), investigation report (the document of contents and text recorded with the suspect A, etc. of the suspect E), investigation report (the confirmation of the Internet site operated by A, etc.), investigation report (the document of sending and receiving letters from A and printing out pictures) (the defendant and defense counsel) were not established, apart from the fact stated in paragraph 2 (c) of the judgment, there is no special crime of robbery that the defendants and defense counsel did not have to suppress the victim's opposition or to resist the victim's E.

However, with respect to the crime described in paragraph 2-A(a) of the judgment, the defendants were "be laid off" to the victim E, and if the defendants refuse to comply with the above, they were subject to the vehicle fever, wallets, etc. of K5 automobiles by means of intimidation to the extent of causing harm to their life, body, etc. as to the degree of harm. On the other hand, with respect to the crime described in paragraph 2-C(c) of the judgment, the defendants had detained the victim E as described in paragraph 2-B(b) of the judgment of the court, and the defendants exercised tangible force such as assaulting the above victim E by using a dypical tool made up of metal belts during the confinement. Considering the degree of violence, the period of confinement, the relation between the defendants and the victim, the relationship between the defendants and the victim, and the time interval between the acquisition of property, it is reasonable to view that the defendants exercised assault to the extent that they objectively suppress the victim's opposition or to resist it. Accordingly, the defendants and the aforementioned defense counsel cannot accept all the above arguments).

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Article 350(1) of the Criminal Act; Article 2(2)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Article 2(2)2 of the Punishment of Violences, etc. Act; Article 2(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act (the point of joint confinement; the choice of imprisonment); Articles 334(2) and (1), 333 of the Criminal Act (the point of special robbery; the choice of imprisonment); Articles 334(2) and (1), and 333 of the Criminal Act

(b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint attack, the choice of imprisonment), Article 2(2)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement, the choice of imprisonment), Articles 334(2) and (1), and 333 of the Criminal Act (the point of special robbery, and the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Concurrent Punishment for Crimes of Special Robbery with the largest punishment)

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “convenive circumstances”)

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (The following consideration is made for the reason of sentencing)

Reasons for sentencing

1. The scope of punishment;

Defendants: Imprisonment from June to June 22

2. Scope of recommendations according to the sentencing criteria;

A. Defendant A

1) Special robbery

Types 2 (Special Robberys) and 3-6-4 years of imprisonment, and 2-8 years of imprisonment, respectively.

2) The general standard for arrest and detention of the crimes of violation of the Punishment of Violences, etc. Act (joint confinement) is the basic area (i.e., punishment in cases of mitigation; (ii) the aggravated factors; (iii) the degree of arrest and detention; (iv) six months to one year; and (v) imprisonment.

3) The mitigated area of Class 2 of the Act on the Punishment of Violences, etc. (Joint Assault) and the Act on the Punishment of Violence, etc. (Aggravated Punishment, etc.) (Aggravated Punishment, etc.).

Action: Imprisonment with prison labor for a period of four months to one year;

4) Scope of recommendations according to the standards for handling multiple crimes

From June to April 11, 200

B. Defendant B

1) Special robbery

General Criteria for robberys: Type 2 (Special Robberys) and Reduction Area (Discretionarys): Imprisonment with prison labor for 2 years and 6 months to 4 years;

2) Type 1 (General Criteria for Arrest, Confinement, Abandonment, or Abuse) of the Punishment of Violences, etc. Act (Joint Arrest and Confinement)

Basic area (excluding mitigation factors: penalty not, aggravated factors: cases where the degree of arrest and confinement is more severe), six months to one year of imprisonment.

3) Types 1 (less than 30 million won) and reduction area (excluding mitigation factors): Imprisonment with prison labor for one month to eight months.

4) Scope of recommendations according to the standards for handling multiple crimes

From June to August 20 to June 20

3. Determination of sentence;

Defendant A et al., along with Defendant B, detained the victim E for a long time, assaulted the victim E to take the benz car, and received money by using the victim’s organized violence or by using the victim’s body as if he would inflict an injury on the victim’s family. While Defendant A doing business with the victim E, the victim E et al. deducted the victim’s profits from the business.

Even in consideration of the fact that the crime of this case was committed, the Defendants need to be punished strictly in light of the number of persons who participated in the crime of this case, the degree of violence and intimidation, the period of detention, the amount of damage, etc.

However, considering the fact that the victims did not want the punishment of the Defendants by mutual consent with the victims, there was no record of punishment for the Defendants in the country prior to the instant crime, the Defendants are opposed to the recognition of some criminal acts, the circumstances leading Defendant B to the participation in the instant crime, and the degree of participation, etc., consideration should be given to the favorable circumstances, such as the fact that Defendant B did not lead the instant crime, and other factors of sentencing as indicated in the records and arguments, such as the Defendants’ age, environment, character and conduct, motive and means of the instant crime, and circumstances after the crime, etc., are comprehensively taken into account.

The presiding judge, judge and judge

Judges Cho Jae-hwan

Judge Park Jae-il