The part of the judgment of the court below against Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for five years and Defendant B.

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A and B (the three years of imprisonment, the two years of imprisonment, the two years of imprisonment, the two years of imprisonment and the two years of imprisonment) is too unreasonable.

B. Defendant E (1) misunderstanding of facts and misunderstanding of legal principles, Defendant E’s crime of this case was forced by an impergible violence of Defendant A and B. Thus, Defendant E’s responsibility should be dismissed.

(2) The sentence imposed by the first instance court of unfair sentencing (two years of suspended sentence in one year and six months of imprisonment) is too unreasonable.

C. The punishment sentenced by the court below to Defendant A and the punishment sentenced to Defendant B by the second instance court is too unfasible.

2. As Defendant A and B filed an appeal against each of the judgment below, each of the appeals cases was tried concurrently at the trial. As long as each of the criminal facts of the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be imposed. In this regard, the parts of the judgment of the court below concerning Defendant A and B among the judgment of the court below cannot be maintained.

3. The act of coercion as referred to in Article 12 of the Criminal Act regarding Defendant E’s assertion of the act refers to the act committed by force of another person, such as impergible violence, intimidation, etc. In this context, irrecoverable violence means a case where, in a psychological sense, a physical act cannot be absolutely performed, or a case where force is strong in ethical sense, means a case where a physical act cannot be absolutely performed, or intimidation means a case where a person’s or relative’s life or body cannot be harmed by any other method, and coercion means a case where a person subject to coercion fails to make a decision on free will of the person subject to coercion and causes a particular act to be committed.

(see, e.g., Supreme Court Decision 2003Do5124, Dec. 10, 2004). Evidence adopted and examined by the lower court.