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(영문) 서울중앙지방법원 2019.06.27 2019노921
범죄단체가입등
Text

Of the first judgment, the part against Defendant A, T, and U and the second judgment shall be reversed in entirety.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant M, N,O, Q, R, T, U (N)’s sentence (the Defendant M 2 years’ imprisonment and confiscation, Defendant N, O’s imprisonment, two years’ imprisonment, Defendant Q and R’s imprisonment, one year and eight months, and one year and eight months’ imprisonment, and one year and two months’s imprisonment, respectively) of the lower court is too unreasonable.

B. The Defendants, including Defendant A and P 1’s coercion, came to China with the knowledge that they performed an act related to the clothing shopping mall in the territory of the Z, and the Defendants were forced to work as Bosping telephone counselor due to coercion and intimidation in the state of detention in China. Therefore, the Defendants’ crime of this case is dismissed from liability as coercion. (ii) The lower court’s sentence of unfair sentencing (Defendant A: 1:0 years of imprisonment and 6 months of imprisonment, Defendant P’s imprisonment and 2 years of confiscation) is too unreasonable.

C. The Prosecutor (for the Defendant)’s sentence is too unhued and unreasonable.

2. Determination

A. Defendant A’s ex officio judgment with respect to Defendant A was sentenced to the first and second original judgment and filed an appeal against each of the lower judgment. This court decided to hold a joint hearing of each of the above appellate cases. Since the crime of each of the lower judgment against the Defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second lower judgment with respect to the Defendant cannot be maintained as it is.

However, despite such reasons for ex officio destruction, Defendant A's assertion, such as coercion, is still subject to the judgment of this court, so this paper will change its claim.

B. According to the evidence duly adopted and examined by the first instance court and the trial court on the assertion, such as Defendant A and P forced conduct, the following facts can be acknowledged.

① In order to operate a call center in China, V, which led to the instant showing crime, shall work as a telephone counselor for the remaining Z of CT living together with the principal.

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