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(영문) 울산지방법원 2017.05.11 2016고단2484
특수공갈
Text

Defendant

A and B are not guilty. Defendant C and D shall be sent to the Juvenile Department.

Reasons

Part of Innocence (Defendant A, B)

1. On March 22, 2016, the Defendants discovered that they drive an Ortobane without obtaining a victim I (19 years old) bicycle license in the vicinity of the school in the south-gu, Ulsan-gu, Ulsan-do, 426-ro, Ulsan-do, 426, and Defendant J reported to the police because they did not obtain a license.

If you do not refuse to do so, they shall sit in front and in front of it.

“The victim was frighten,” and Defendant C took the form of the victim to sit on the stoba, and Defendant B, Defendant D, and Defendant A took a bath to the victim, and frighted.

Defendant J continued to receive a certificate of alba, a copy of the resident registration certificate in the name of the applicant for alba, and a certificate of disuse of two-wheeled automobiles. Defendant J received a certificate of alba together with the above alba.

As a result, the Defendants shared the victims, and received a delivery of 750,000 won at the market price from the victims of drinking frightage.

2. Determination

A. “When two or more persons jointly commit a crime of injury or assault” requires that there exists a so-called co-offender relationship between them. In addition, several persons are aware of the crime committed by another person on the same opportunity at the same place, and commit the crime by using it (see Supreme Court Decision 90Do2153, Jan. 29, 1991). In the joint principal offender committing the crime by jointly processing more than two persons, the conspiracy or conspiracy does not necessarily need to be made directly and explicitly, in order, and it may be made objectively and implicitly, but in any case, a combination of intent to jointly realize the crime and jointly realize it.

In addition, this combination of doctors requires the same crime of conflict by showing multiple force of Article 350-2 of the Criminal Code.

(b)are adopted and investigated by this Court.

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