2018 Highis822, 2019 Highis6 (Joints), 2019 Highis15 (Joints)

(a) Injury or death;

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

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

(d) Fraud;

(e) Violation of the Punishment of Violences, etc. Act (joint residence);

(f) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion);

(g) Injury;

(h) Special assault;

1. A. (b) A (04 - 3)

Residence

Reference domicile

2. A. (b) B (04 - 3)

Residence

Reference domicile

3. A. B. (c. d. C. (04 - 3)

Residential Displacement

Reference domicile

4. A. (f. H. D (02 - 4)

Residence

Reference domicile

The grandchildren, the freeboard (prosecutions), the grandchildren (public trial)

Attorney E (Defendant A and B)

Attorney F. (National Election for Defendant C)

Law Firm G, Attorney H (Defendant D)

May 14, 2019

Defendant A’s imprisonment with prison labor for a maximum of seven years, for a short of four years, for a maximum of six years, for a short of three years, for a short of three years;

for a maximum term of three years, for a short term of one year and six months, for a term of four years and for a short term of two years, for a defendant D respectively.

of this section.

To order Defendant D to complete a sexual assault treatment program for 40 hours.

Defendant D shall order the restriction on employment for three years to a child or juvenile-related institution, etc.

The registration period of personal information on Defendant D shall be ten years.

The seized Belgium (No. 8) shall be forfeited from the defendant A.

Of the facts charged against Defendant C, the charge of fraud is acquitted.

Criminal facts

“ 2018Gohap822 :

1. Joint principal offenders committed by Defendant A, B, and C

The Defendants planned the victims to be mixed on the ground that the victims I (14 years of age) the father of the Defendant A referred to the BJ (Internet Broadcastinger) J in line with each other.

(a) Violation of the Punishment of Violences, etc. Act (joint attack);

On November 13, 2018, at around 01: 14, the Defendants discovered the fact that the victim is the victim in Yeonsu-gu Incheon Metropolitan City LPC bank, and decided to move the victim to the neighboring park of Yeonsu-gu after leaving the same place.

On November 13, 2018, at around 01: 01:30, the Defendants were in the Npark located in Yeonsu-gu Incheon Metropolitan City M with the intent of cutting one electronic tobacco of the victim to take the victim, and Defendant B was seated between Defendant B and Defendant C, and Defendant B said that “the victim embling “the victim embly embly embly embling, embling electronic tobacco, or embling it,” and Defendant A showed the attitude that the victim “the victim seems to be at the time of surdling, embling, and embling,” and Defendant C said that “the victim was “the one emblinger.”

As a result, the Defendants shared the victims and received an electronic tobacco amounting to 140,000 won from the victims of drinking frightage.

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

On November 13, 2018, immediately after the commission of the crime described in paragraph A (1) above, the Defendants moved to a P Park located in Yeonsu-gu Incheon Metropolitan City, for the victim and moved to a place again with Q and S after receiving a proposal from Q and S as R Park well-known because there was CCTV.

On November 13, 2018, at around 02 02:31, the Defendants: (a) 13, in the Yeonsu-gu Incheon Metropolitan City R Park, left the victim so that the victim may not be deprived of the victim; (b) 1, the Defendant 2: (c) 31: (d) 31: (d) 1: (e) 1: (e) 2: (e) 2: (e) 2: (e) 2: (e) 31; (e) 3: (e) 2: (e) 2: (f) 31; (e) 3: (f) 3: (f) 1: (f) 2: (f) 2: (f) 31; (f) 3: (f) 3: (f) 4: (f) 1: (f) 1; (f) 3; (f) 3; (f) 3; (f) 4; (f) 3; (f) 4; (f) 3) 3: 4; (f) 4; (f) 1); (f) 1); and (f) 3; (f) 1); (f) 1); (f) 3; (f) 4;

As a result, the Defendants jointly inflicted the injury on the victim by having the victim know the number of days of treatment.

2. Defendants’ co-principal conduct

Defendant A, B, and C sent the phrase "on November 13, 2018, 15:32, 2018, in which Defendant A, B, and C sent the phrase "on the part of Defendant D, who would be able to bring the victim to return the electronic tobacco to the victim on the ground that they did not have any harm to the victim even though they did so," as described in paragraph 1-b., and then sent the word "on the part of Defendant D, who would be able to bring the victim to the victim," and then came to be in harmony with Defendant D on the same day at around 17:0 on the same day, around 00.

Defendants 2018. The 17th anniversary of the victim's body was frightened by the victim's breath of 17: "I ambling the victim's body by forcing the victim to breath on the 15th floor of the Incheon, and then I amb off the victim's body, and then I ambling the victim's frighten on the 3th anniversary of the victim's body," and "I ambling the victim's frighten on the breath of the victim's body, and then I ambling the victim's frighten on the breath of the victim's body, and then I ambling the victim's frighten on the breath of the victim's body, so I ambling the victim's fright on the frightth of the victim's body, and then cut the victim's fright on the frightth of the victim's body.

As a result, the Defendants conspired in collusion with the victim for about 78 minutes, resulting in the victim's injury that the victim cryp, the entire face cryp, and the victim cryp, and the victim cryp, and thereby, caused the victim's death by dyping the victim into a dyp rail and by falling off the victim under the roof rail without being able to cover the above Defendants' injury and cruel acts.

" 2019, 6"

3. Violation of the Punishment of Violences, etc. Act by Defendant C (joint residence intrusion);

On October 26, 2018, the Defendant jointly with I (Death on November 13, 2018): around 33: Around October 26, 2018, the Defendant entered a school by using the iron grid gap in Yeonsu-gu Incheon Metropolitan City, for the reason that he/she would have had a force training in X middle schools located in Yeonsu-gu, Incheon, and entered the school, and opened a corrected window into a separate science museum, and intruded into a building managed by others.

“ 2019Gohap1151

4. Defendant D’s injury or special assault

On July 17, 2018: 05: Around 00, the Defendant drinking alcohol together with the victim AB, etc. in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant: (a) made a defect that the victim was under the influence of alcohol and continued to drink without diving; and (b) made the victim “the victim “the victim”, who was under the influence of alcohol and carried the victim into the urc, thereby moving the victim to the urc.

The Defendant: (a) caused the victim to sit at the end of the bed part of the bed part of the bed part of the above Moel AC; and (b) caused the victim to be "I see why she was fright?" and (c) 10 times by hand, the victim "it means "I see the victim's words," not "I see the victim's words," and "I see the victim's words," and see the victim's knee knee knee kne, so I see that the victim's knee knee knee knee knee knee kne, so I see that "I am kn't kn't kn't kn's head at the time of the victim's head kn't, and kn't kn't kn't k't k'.

The Defendant continued to use the above Moel AC to take the victim's son and the victim into the above Moel AA, with the victim's son and the victim's son, and reported the toilet wall. The Defendant, by hand, took the victim's head into the victim's knife and knife the victim's head at approximately five times, and knife and knife the victim's head. The victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

The defendant allowed the victim to be knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-

Accordingly, the defendant injured the victim and assaulted the victim by carrying dangerous things.

5. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

The Defendant, at the same time and time as described in paragraph 4, allowed the above victim AB (the age of 14) to quickly leave the clothes asked to the victim and to the telecom with the telecom, and let the victim walk the chest by the victim's own hand, and the victim walk the breast, with the hand hand, with the victim's hand, and "welves????????????????????????????????????????????????????????????????????????????????????????????????

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

2018Gohap822

1. Each legal statement of Defendant C and D

1. Each legal statement of the defendant A and B

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. The defendants' written statements in each protocol of suspect examination of each police officer against the defendants

1. The statement written by the police against the defendant B in part

1. A copy of each police interrogation protocol against Q and S (Evidence Nos. 106, 107, No. 107)

1. Protocol of seizure (No. 72, No. 93)

1. A report on the occurrence of an event (explosion), a result of the autopsy, and a letter of autopsy and appraisal (No. 143 No. 50/3 of the evidence list);

1. The investigation report (AD CCTV investigation), the investigation report (as regards clothes that the suspect was suffering from A),

Investigation Report (Report on Investigation Report by Law of the Seoul Science Investigation and Investigation Institute on the Opinion of Finding Investigation)

1. On-site photographs, etc. and explanatory notes (written request for appraisal - Newsing);

2019, Gohap6

1. Defendant C’s legal statement

1. Each police interrogation protocol against Defendant C and I

1. A written statement of victim of the E;

“ 2019Gohap115,”

1. Defendant D’s legal statement

1. An interrogation protocol of Defendant D by the prosecution

1. Statement made to AB by the police;

1. A photograph of the damaged scene;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

A. Defendant A, B

The point of joint conflict: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act

Article 1 (Selection of Imprisonment)

The point of joint injury: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257 of the Criminal Act

Article 1 (Selection of Imprisonment)

In the case of injury: Articles 259(1) and 30 of the Criminal Code

B. Defendant C.

The point of joint conflict: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 350 of the Criminal Act

Article 1 (Selection of Imprisonment)

The point of joint injury: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257 of the Criminal Act

Article 1 (Selection of Imprisonment)

In the case of injury: Articles 259(1) and 30 of the Criminal Act

Joint residence intrusion: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(2)1 of the Criminal Act, Article 2 of the Criminal Act

§ 319.1 (Selection of Imprisonment)

C. Defendant D

In the case of injury: Articles 259(1) and 30 of the Criminal Act

Injury: Article 257(1) of the Criminal Act (Selection of Imprisonment)

Special Violence: Articles 261 and 260(1) of the Criminal Act (Appointment of Imprisonment)

Indecent conduct against children and juveniles: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

section 298 of the Criminal Act. (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Defendants: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the largest punishment)

Punishment of Disturbing Death (Aggravation of concurrent Crimes)

1. Discretionary mitigation;

Defendant C, D: Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

(3)

1. Illegal punishment;

Defendants: Articles 2 and 60(1) of the Juvenile Act

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

1. Order to complete a program;

Defendant D: the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from an order of disclosure or notification;

Defendant D: the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

(A) The Defendant constitutes a child or juvenile and thus does not impose an order of disclosure and notice)

1. An employment restriction order;

Defendant D: The former Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15452, Mar. 13, 2018)

§ 56(1)

Registration and submission of personal information (Defendant D)

Where a conviction becomes final and conclusive on the facts constituting a crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), Defendant D is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Defendant D’s personal information registration period is 15 years pursuant to Article 45(1)3, (2), and (3)3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. In full view of the above crimes which cause the registration of personal information and the other crimes which are the cause of the registration of personal information, and the severity of the crimes, it is reasonable to reduce the registration period of personal information to 10 years less than the period according to the sentence pursuant to Article 45(4) of the above Act in this case, and thus, the registration period of personal information is shortened as such.

Judgment on Defendant A, B, and Defense Counsel's argument

1. Summary of the assertion

Defendant A and B acknowledged the facts of assaulting the victim as stated in the facts of crime No. 2 in the judgment, but since the victim intentionally died after the act of assault was terminated, there is no proximate causal relation between Defendant A and B’s act of assault and the death of the victim. Defendant A and B did not have the possibility of predicting the death of the victim by administering the crime.

2. Determination

A. Since the crime of death resulting in death is an aggravated crime, there should be considerable attention between the act and the serious result, and there should be predictability of the result of death, and the existence of such predictability should be strictly done by examining specific circumstances, such as the degree of assault and response status of the victim (see Supreme Court Decision 2005Do186, Mar. 25, 2005, etc.).

B. Determination as to the cause of death

In full view of the following circumstances admitted by the evidence duly adopted and examined by this court, it is reasonable to view that the victim attempted to escape by means of going beyond the apartment roof fence and going up to the air-conditioning room, and then falling down below the center and died in order to avoid assault by the Defendants.

(1) On the apartment rooftop, a fence indicating that it is a railing of 120cm high, and a 41cm high level inside the fence is protruding (Investigation Records No. 20, 21 pages). The inside and outside of the wall of the wall of the victim seems to have occurred in the course of escape of the victim. (Investigation Records No. 19 pages) On the outside of 3 meters outside of the wall of the (Investigation Records No. 19) wall of the victim, an air-conditioner, the size of which is the size of 3 to 4 juveniles, is parallel with the wall of the apartment in a rectangular type (Investigation Records No. 20, 21 pages).

The victim took a form that gets on the upper swel and swel up with the upper swel with the upper swel with the upper swel with the upper swel with the lower swel with the lower swel with the lower swel with the lower swel with the lower swel with the lower swe

In view of the apartment rooftop, each left and right part of the outer part of the air conditioner room is stamped by each one, and the victim is the same as the bottom of the new air conditioner reported by the victim (Article 1352 of the investigation record). The new air conditioner itself takes the front part of the new air conditioner and the front part of the new air conditioner toward the outer part of the air conditioner (Article 571 pages, 1352 pages, 1362 of the investigation record). In light of the above, it is determined that the victim is a person who has left part of the victim's apartment wall at the end of the outer part of the back of the air conditioner room and the upper part of the new air conditioner fell short of the floor of the apartment.

The victim is about 158§¯ (the 1237 pages of the investigation record) and the victim cannot see that it is impossible to see the body and to see it in the outer upper part of the air conditioner 3m below the 3m from the wall, by breaking it out.

In full view of these points, it is considered that the victim tried to look at the body in both hands and spread out outside the body, and then to escape from the air conditioner above the body.

(2) All the Defendants stated in an investigative agency to the effect that the victim was set up under Switzerland after he was set out above the air conditioner (Defendant A is the 47 pages of the investigation record, Defendant B is the 214 pages of the investigation record, Defendant C is the 73 pages, 235, 236 pages, 443 pages, 920 of the investigation record, Defendant D is the 84 pages, 252 pages, 589, and 596 pages of the investigation record).

However, following the victim's death, the Defendants made it difficult to believe that the victim committed suicide (the 192 pages, 590 pages of the investigation record). After that, Defendant A was ambiguous to see whether the victim got out of the air conditioner, whether the victim got out of the air conditioner (the 563 pages, 97 pages). Defendant B did not see that the victim was out of the air conditioner (the 50th page, 563 pages, 97 pages of the investigation record), and Defendant B did not see that the victim was out of the air conditioner room (the 512 pages, 1957 pages of the investigation record) and that “the victim was out of the air conditioner (the 50th page, 1957 pages of the investigation record) and the 197th page of the investigation record that the victim did not come out of the air conditioner (the 197th page of the investigation record).

In light of the above contents of the reversed statement by the Defendants and the fact that 5 seconds did not look at the victim’s confidence on the left edge of the air-conditioner room, and that the victim fell from the floor to the rail at the time, the victim’s statement by Defendant B (Investigation Records No. 1277 pages) and that if the victim safely adhereds to the air-conditioner room, it would not have to go to the new third floor. In light of the above, although the victim fell on the back of air-conditioner room, it would be deemed that the victim was immediately deprived of the center, and that the victim fell on the floor.

(3) Defendant C, under investigation conducted by an investigative agency, stated that Defendant C, and A stated that “I would die of the vehicle that I would face to the sphers,” while the victim was sphered on the immediately preceding string of the crashed rooftop.

However, Defendant B also made a statement to the same purport and reversed the statement that he did not hear such remarks (the 957 pages, 1278 pages), and Defendant D, which was nearest to the victim, made a statement that he did not hear the above remarks of the victim (the 252 pages, 589 pages, 1034 pages, 109 pages, 1034 pages), and Defendant B made a statement that was 5 seconds from the floor of the victim, and the victim did not have been able to make such remarks (the 192 pages, 589 pages, 109 pages, 1034 of the investigation record), and Defendant B made a statement to the effect that the victim did not have been able to make such remarks, and the Defendants were able to have committed suicide under the initiative of Defendant D immediately after the victim’s death, and it is difficult to believe that the victim committed suicide under the direction of Defendant D following the victim’s death (the 192 pages, 590 pages of the investigation record, etc.).

(4) On November 8, 2018, the previous victim sent to Defendant A a message to the effect that her mother would commit suicide while her mother obstructed (No. 1). The victim told the Defendants that she would be able to do so in compliance with this, while she was assaulted by the Defendants. As the victim threatened Defendant A with the threat that she would fall below the rooftop, she actually acted as if she would fall on the apartment rooftop, even though she was recognized that she could not be deemed to have done on her own.

C. Determination on causation and predictability

In full view of the following circumstances acknowledged by the evidence examined: (a) the victim was subject to serious assault and cruel acts over a long time from the Defendants, thereby harming the fear, destruction, and shame of the body safety; and (b) the victim was sent to the outside of the apartment roof in order to avoid the assault by the Defendants, without any other means to avoid the assault by the Defendants who cannot at any time stop; and (c) attempted to put the victim out of the apartment roof in order to avoid the assault; and (d) the victim was found to have died by falling down the center in the process.

Therefore, it is reasonable to view that there is a proximate causal relation between the Defendants’ act of assault and the death of the victim, and that the Defendants, who witnessed the victim to the same conduct as if he would fall by drawing up the bridge above the rooftop in the course of assault before the fall, may attempt escape beyond the apartment rooftop, as the case may be, and in such a case, it is possible to expect that the victim may die sufficiently.

(1) In light of the contents of the assault as stated in the facts charged by the Defendants, it is recognized that the injured person was engaged in serious assault and cruel conduct to the extent that it is difficult for adults to cope with it for a long period of 78 minutes, and thereby suffered injury therefrom.

피고인 B은 경찰 및 검찰에서 피해자가 추락한 당시의 상황에 대하여 ' 피고인 A이 잠깐 쉰다고 하면서 피해자에게 무릎을 꿇고 있으라고 했다 ' , ' 피고인 A은 피해자가 피 한 횟수가 많아 추가로 더 때려야 할 것이 많았기 때문에 잠깐 쉬고 더 때리려 했다 ' 고 진술했다 ( 수사기록 제61쪽 , 제512쪽 , 제960쪽 ) . 피고인 C는 검찰에서 피해자가 추락 한 당시의 상황에 대하여 ' 좀 쉬다가 또 때리려고 그랬다 . 그 때는 40대 정도 남아 있 는 상황이었는데 , 피하면 10대씩 늘어나기 때문에 거의 무한 반복이었다 . 아마 밤새도 록 때렸을 수도 있다 ' 라고 진술하고 있어 ( 수사기록 제923 , 924쪽 ) , 피해자에 대한 폭행 은 잠시 멈추었을 뿐 진행 중이었고 , 폭행이 언제 끝이 날지도 알 수 없는 상태였다 .

Therefore, the victim seems to have caused extreme fear, maternity, and humiliation about the safety of the body.

(2) The place where the victim was assaulted is the apartment rooftop of the 15th floor height. The place is a remote place not visible in the entrance door of the rooftop. In order to be placed on the rooftop entrance, the passage should be passed at a level of 5 meters long from the body of the body of the Defendants, and in the situation where the Defendants are observed, it is difficult for the Defendants to see the trend of the Defendants and escape through the above passage (No. 517 pages, No. 914, No. 1217, 1218 of the investigation record), and the Defendant B also stated that the victim was unable to escape, and that the victim continued to escape even after the escape (No. 961 of the investigation record).

피해자는 옥상문이 열리는 소리를 듣고 살려달라고 소리쳤으나 옥상에 올라온 사람 은 없었고 , 피고인들로부터 밟히고 차이는 폭행을 당하였다 ( 수사기록 제1029 , 1030쪽 ) . 피해자는 기절한 시늉을 하기도 했는데 , 피고인 D에게 발각되어 다시 폭행을 당하였다 . ( 수사기록 제1029 , 1030쪽 ) .

Therefore, the victim did not have any other way to avoid the defendants' continued assault and cruel acts in addition to the exposure to the air conditioner with three meters below the apartment wall.

(3) The victim said that he would be able to do so in compliance with this, while the assault of the Defendants was in progress. As Defendant A took the victim under the Roof wall, he acted as if the victim would fall by putting the victim under the Round on the bridge at the wall (No. 440 pages, No. 510 pages, No. 992 pages of the investigation record). The Defendants observed these words and actions of the victim.

Therefore, it is reasonable to view that the Defendants could have predicted that the victim could attempt to escape from an extreme and ambiguous standpoint, such as the victim's coming to the front door of the apartment roof and going to the front door of the air-conditioner.

Reasons for sentencing

1. The scope of punishment;

(a) Defendant A and B: Imprisonment with prison labor for not less than three years but not more than ten years;

(b) Defendant C and D: Imprisonment with prison labor for not less than one year and not more than six months but not more than ten years;

2. Non-application of the sentencing criteria: the defendants are under the age of 19, and the sentencing criteria do not apply.

3. Determination of sentence;

The punishment shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions prescribed in Article 51 of the Criminal Act.

○ Unfavorable Conditions

Although the victim and the defendant A, B, and C are friendships, and the victim did not commit any mistake against the defendants, the defendants assaulted and injured the victim on the grounds that it is difficult to accept that the victim said that the father and the specific person of the defendant A were similar to that of the defendant. The victim suffered a serious physical and mental pain to the degree that adults were unable to understand during the long time, and was sufficiently dead in the course of attempting to escape extremely and unafly. The victim was still a juvenile, and the victim was still a juvenile, and the mistake that the family, school, and society did not sufficiently educate the defendants while protecting the defendants and did not sufficiently educate the defendants, and in this respect, the defendants also can be deemed a victim within a different sense, but the victim of the second does not suffer from serious pain, and the victim and the victim of the second is punished as corresponding to the defendants in order to prevent the occurrence of the victim of the second case.

Defendant A and B actively participated in the process of committing the crime of intimidation against the victim, injury, or death, and in particular, Defendant A led the victim to commit the crime of assault and cruel acts in the course of committing the crime of assault and homicide against the victim. Defendant D without any reason, and the degree of his participation in the crime against the victim on the part of the victim, is difficult to deem that the degree of participation in the crime of indecent act by compulsion, injury, and special assault against another person by Defendant D is not less exceptionally liable for such crime. In addition, Defendant C did not refrain from committing the crime of this case even though it was relatively favorable relationship with the victim, and actively participated in the course of committing the crime of bodily injury.

○ favorable circumstances

The Defendants made a confession to commit the instant crime or acknowledged the basic factual basis for the instant crime, thereby contravening themselves. The Defendants are juveniles between the age of 14 and 16. The parents of the Defendants were under the influence of avoiding the Defendants’ intent to protect the Defendants at the latest. The degree of Defendant C’s involvement in the instant crime is relatively relatively less. Defendant D received a letter by mutual consent with the victims of the instant crime, such as indecent act by compulsion. Defendant D received a letter of apology, and the victim was the victim’s preference against Defendant D.

1. Summary of the facts charged

Defendant C, around November 11, 2018, around 19:30, around 19:30, to the victim I (the 14 years of age) prior to the Defendant’s residence in Yeonsu-gu Incheon AFOO and ○○○○○, “The efabbbing of white crowdfunding that he had in mind” means the 200,000 won clothes from Japan Dratland. However, the above efabbing of the efabbbbbbbb, which was received from his natives, was merely the efabb, and the 200,000 won clothes from Japan Dratland. The Defendant, by deceiving the victim as above, was issued the victim with a efabbbb, and received from the victim the efacing one of the KRW 250,000,00, market price of the victim’s possession.

2. Determination

The main evidence consistent with this part of the facts charged lies in a record of telephone conversations (Evidence No. 152 No. Serial No. 152 of the evidence list) on the police and prosecutor's office with respect to the defendant, and comprehensively taking account of this, the defendant C exchangeds with the victim with the victim. The defendant C's "a white blick blick blick blick blick blick 20,000 Won in Japan." The defendant C said that "a blick blick blick blick blick blick blick blick blick blick blick blick blick blick 20,000 won."

However, in light of the following facts acknowledged by the evidence duly adopted and examined by this court, it is not sufficient to recognize that the above evidence alone is insufficient to recognize that Defendant C had received a delivery of AG package trading from the victim by deceiving the victim as shown in the facts charged, and there is no other evidence to determine the person.

① Defendant C, at the police and the prosecutor’s office, talked that “The victim first intended to change the Defendant’s fastening trading, thereby replacing the victim’s AG heading crowdfunding and Defendant C’s white heading.” The victim, on the ground that the AG heading 4.90,000 won is the 4.90,000 won, but the victim, on the ground that he was put in storage, has reduced the sum of KRW 200,000,000,000, including KRW 1.90,000,000,000,000,000,000 won, on the other hand, 1.1,000,000 won, to the victim’s portion after having a liquided the amount to Defendant C.

Defendant B exchanged Defendant C with the victim on November 12, 2018. The remarks were made by the prosecution. The victim told Defendant C to receive KRW 1.50,00 from Defendant C, and the victim expressed that “The victim stated that “The victim was satisfed (Article 963, 964 pages, 1283 pages) and the Defendant A exchanged the spread from the victim on the top of the thickness between the victim and Defendant B, and C. At the time, the victim stated that “The victim should receive KRW 1.50,000 from Defendant C.” The victim stated that “The victim would have received KRW 1.90,000,000,000,000 from Defendant C’s statement” (Article 106, 1007 pages of the investigation record) and that the statement made by Defendant C is consistent with the statement made by Defendant C.

② Defendant C stated to the victim “A white crowdfunding broker in the inside of the Republic of Korea” as “(1309 pages of investigation records) when she puts a white crowdfunding to the victim” (200,000 won) or “a white crowdfunding to the victim” (1293 pages of investigation records) when she puts the victim with respect to the time when the victim said to the effect that it is “..............., the investigation records No. 1309 of investigation records).

However, according to the CCTV screen (Evidence No. 88 No. 88 of the Evidence List), the victim first set up the Defendant C to set up the AG package trading spread, and Defendant C had a white drum scaming spread at home and gave it to the victim (Investigation Records No. 645 to 656 of the Investigation Records).

In light of this, Defendant C, after the victim scamed up with AG fastener from the victim, scambling the one’s own white crowdfundinger, and as indicated in the facts charged, Defendant C is recognized as having called “a white crowdfunding broker” as the clothes of KRW 200,000 in the Japanese business varland.

Therefore, it is difficult to view Defendant C as being exposed to the victim’s AG crowdfunding spread by deceiving the victim as stated in the facts charged.

③ In addition, in light of the above: (a) the statement by Defendant C and the victim’s mother purchased KRW 2,50,000 from around December 2017 (in the investigation record No. 1320 pages) and the AH police that provided Defendant C with white crowdfunding to Defendant C, there is sufficient room to deem that the Plaintiff entered into an unregistered contract in the form of exchange and transaction, rather than deeming that the transaction and transaction were combined, in light of the following: (b) his mother gave up the white crowdfunding in South and Northwest at the level of KRW 100,00 (in the investigation record No. 498 pages).

④ Defendant C stated in the prosecutor’s office that he was investigated as a suspect and led to the confession of the instant crime. However, there is no indication of specific facts to regard the causal relationship between the deception and the delivery act, and as recognized earlier, the causal relationship between the deception and the delivery act is not recognized. Thus, Defendant C’s above statement was not trusted.

Therefore, this part of the facts charged constitutes a case where there is no proof of the crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act. Since Defendant C does not follow the public notice of the judgment of innocence, the summary of the judgment of innocence is not publicly announced pursuant to the proviso of Article

Judges Dokk-gu

Judges Jinwon-gu

Judges Cho Jae-do;