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(영문) 서울고등법원 2016.11.23 2016노2591
특수강도등
Text

Defendant

All appeals filed by B, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no explicit prior conspiracy between the Defendant A and the other Defendants on the instant special robbery and the crime of abduction of minors, Defendant A, along with the place where the crime was committed by the rest of the Defendants, should be deemed to have been committed at the scene of the crime, as long as the crime was committed by using the wooden mons and force around the victim in the event of the crime of abduction, and the victim was committed by force around the victim in the event of the crime of abduction of minors, and as long as the victim was committed by committing the crime of abduction of minors, the conspiracy for each of the above crimes should be deemed to have been committed at the scene of the crime. Nevertheless, the lower court erred by misapprehending the facts, thereby finding it difficult to recognize the fact that Defendant A conspired with the rest of the Defendants in collusion with the rest of the Defendants, and attempted to capture the victim’s property and the fact that it was attempted to capture the victim. 2) In so doing, it is unreasonable that the imprisonment (the imprisonment of August

B. Defendant B, C (FF) that the lower court sentenced Defendant B and C (FFF) to Defendant B and C (C: imprisonment with prison labor for three years, and imprisonment with prison labor for two years and six months) is too unreasonable.

2. Judgment on the Prosecutor's misunderstanding of facts (defendant A)

A. The summary of this part of the facts charged (the part not guilty in the original judgment) 1) and the Defendant, B, and C, around 11:44 on May 18, 2016, committed a promise as if they were engaged in commercial sex acts with the G Ha (hereinafter “victim H, 16 years of age”) and sexual intercourse, which is a smartphone hosting display, around 0:18 on May 19, 2016, C had the victim met before the J convenience located in the Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the place where the promise was made at around 0:18 on May 19, 2016, and the Defendant was going to go to the adjacent parking lot with the head of the victim, and the Defendant was to go to the adjacent parking lot with C and the following parking lot, C reported the net, and the Defendant was able to exercise the influence of the victim and the k k k k k sel by force and force of the victim.

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