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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
except that from the date of this judgment.
Reasons
Punishment of the crime
1. When Defendant A became aware of the fact that the victim E (the age of 35) and the victim F (the age of 32) came to bring and sell a heavy mobile phone in the Republic of Korea through G, Defendant A had three police officers of Thailand, such as “H,” etc. in advance, arrest the victims under the suspicion of non-bearing of a passport or a cell phone carrying the victim’s cell phone, and conspired with G to force the victims to take the cell phone, etc. in return for release from the victims.
Defendant
A asserts to the effect that, upon the request of G, it was true that the police involved in the crime of special robbery of this case while making a false report or telephone at the police, and that it did not deviate from the crime of this case while being aware of the G’s plan, but that it was not a conspiracy to commit the special robbery of this case with G from the beginning.
However, in relation to co-offenders who are jointly engaged in a crime, the conspiracy does not require any legal punishment, but is only a combination of two or more persons to jointly process a crime and realize such crime. Thus, even if there was no process of the whole conspiracy, if the combination of the doctors is made in order or implicitly through several persons, the conspiracy relationship is established, and even if there was no direct participation in the conduct of the crime, it is criminal liability as co-principal for the other co-principal's act.
(See Supreme Court Decision 2000Do3483 Decided November 10, 200, and 2005Do8507 Decided January 26, 2006, etc.). Therefore, Defendant A shall be liable for all of the special robbery crimes as co-principals by succession.
G around 16:00 on November 19, 2012, the victims may sell at least 32 million won of the market price at which they were in possession of the Thailand, and at least 58 mobile phones of 4S mobile phones at once to the Thailand.