The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by imprisonment for a term of three years and six months.

Defendant

A. A.

1. Summary of grounds for appeal;

A. Defendant A, B, and C1) The illegality of the emergency arrest Defendant A was an emergency arrest who was voluntarily present at the Seocheon Fire Station and was waiting for the investigation. This constitutes an illegal arrest that does not meet the urgent requirements.

Therefore, the court below erred by misapprehending the legal principles regarding illegal emergency arrest and the statements, etc. under detention as evidence of guilt.

B) On March 13, 2018, Defendant A, under the contact that he/she was aware of the whereabouts of the victim E from his/her false personal injury around the new wall, requested the accompanying to the other Defendants at the victim E’s residence. As such, the Defendants did not gather in advance the special confinement and robbery crime of this case or planned the allocation of roles. Therefore, the lower court erred by misapprehending the facts that the Defendants conspired to commit the crime of special confinement and robbery in the instant case, and thus, found the Defendants and the victims to have known about the special confinement at the victim E’s residence. However, the agreement between the Defendants and the victims was reached.

Since the victims were free to return the apartment proposal of the victim E, and they want to do so, the Defendants cannot be deemed to have detained the victims. As to the injury by robbery, (i) there was no threat against the victims, such as (ii) the existence of “influence” of robbery, the Defendants did not assault or threaten the victims by using excessive or food knife, or by taking advantage of “influence,” and the victims did not at the time of the suppression of the resistance or the failure to resist.

Therefore, Defendants’ act cannot be deemed as assault or threat of robbery.

【The payment of money to victims of causations has been made autonomously.