All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal: ① in the case of Defendant A, the offender was not forced to commit the crime, and ② the punishment (the Defendant A three years of imprisonment and the Defendant B two years of imprisonment) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. According to the record as to the circumstances of the crime alleged by Defendant A, Defendant A stated to the effect that the entire intelligence belongs to the disability level of “do mental body” (Notice of Results of Mental Appraisal by the Medical Treatment and Custody Director) and that Defendant A arrested Defendant A on February 14, 2014 to the instant case, and then returned to the police during the interrogation of the suspect (to make soup by threatening to report to the police if he does not work together with the luminous manager) (Seoul Southern District Prosecutors’ Office 2014 type No. 10430, 14096 type No. 1 of the Investigation Record No. 2014 type No. 14096 type, No. 34 of the Seoul Southern District Prosecutor’s Office 2014 type No. 10430, 14096 type) and the Defendants entered a sobrying, makingup, etc. in the case of the crime of theft of a part of the instant mobile phone, each of them can be recognized (the above investigation record No. 103, 13030 and 2414 pages).

However, according to the records, the defendant A tried to start his day by suggesting the defendants to have money more than 3 million won or 5 million won in the event of theft of the latest cell phone, not by the stolen business operator, once every ten days from the theft of the cell phone." (No. 2, No. 526 through 529 of the above investigation record) and the defendant B arrested on February 19, 2014 and without mentioning the intimidation or coercion of the stolen business operator in the interrogation of the police, "after the defendant Gap became aware of the stolen business operator as the day of disposal of the cell phone to the Gwangju master, the stolen business operator sent 5 million won or more in the monthly salary and ordered him to commit the crime at the expense of travel (the above investigation record, No. 526 through 529 of the above investigation record)," and without mentioning the intimidation of the previous statement (the above investigation record, No. 1300, Dec. 13, 192).