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Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s assertion of mistake of facts in accordance with the proposal of M, and Defendant B forced a China to take part in the crime of this case, and took part in the crime of this case, in the fear of fear that he may be subject to intimidation to his life and body by leaving the Republic of Korea with the knowledge of the date of counseling on return of shopping mall in China in accordance with the proposal of M., and thus, Defendant B was forced to take part in the crime of this case, and thus, Defendant B’s act is exempted from liability as coercion. 2) Even if Defendant B performed the role of the call center counselor at the telephone financial fraud organization, there is no combination of intent to realize the crime of this case by jointly processing the crime of this case, not with the actual misrepresentation, even if Defendant B performed the role of the call center counselor at the telephone financial fraud organization.
B. As to the sentence (Defendant A: Imprisonment with labor for a year and August, Defendant B: imprisonment with labor for a year and a year and a April) declared by the court below on the grounds of unfair sentencing against the Defendants by Defendant B and prosecutor, Defendant B asserts that it is too unreasonable, and the prosecutor asserts that the sentencing of the court below against the Defendants is too uneasible and unfair.
2. Judgment on Defendant B’s assertion of mistake of facts
A. Whether an act was forced under Article 12 of the Criminal Act refers to an act committed by force of another person, such as impergible violence, intimidation, etc. In this context, an impergible violence means a case where, in a psychological sense, a physical act cannot be absolutely performed, or a case where strong pressure is made in ethical sense. Intimidation means a intimidation against the life or body of himself/herself or his/her relatives, without any method to prevent any harm to the life or body of his/her relatives, and coercion means to force a specific act by preventing the forced person from making a free decision (see Supreme Court Decision 2004.