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(영문) 서울고등법원 2018.07.20 2018노694
특수감금치상등
Text

The judgment of the court below is reversed.

Defendant

Within two years of imprisonment for A and B, each of the defendants C, D and E shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B, at the time of the commission of the crime described in this part of the facts charged, threatened the victims as if they were aware that Defendant A and B were from organized violence crime, and the victims were aware of the fact that they were from organized violence crime; the victims were going to rest out of the toilet or tobacco in the toilet with the permission of Defendant A and B; and at the time of the commission of the crime, the victims could freely leave the room at the time of the crime.

In full view of the facts that the above Defendants’ assault or intimidation against the victim M and K at the time of the above crime is sufficient to suppress or resist the victims’ resistance.

must be viewed.

B. In light of the following: (a) Defendant C, D, and E (hereinafter referred to as “Defendant C, etc.”) waiting in a room in which the said singing point was unfolded at the time of committing the crime set forth in this part of the facts charged; (b) Defendant C, etc. conspired with and participated in the above crime with Defendant A, B, and Defendant C, etc., at any time upon receiving instructions from Defendant A and B, at the time on the vehicle moving to Seosan, and the conversation between Defendant C, etc. and Defendant C, etc., on the vehicle moving to Seosan.

must be viewed.

Nevertheless, at the time of committing the crime as stated in this part of the facts charged, the lower court is difficult to view that assault or intimidation against the victims at the time of the Defendants committed the crime as indicated in this part of the facts charged to the extent that it is difficult to suppress or resist the victims’ resistance. Defendant C, etc.

not be deemed to have been involved in the act of committing the above crime.

The court below rendered a not guilty verdict on this part of the facts charged on the ground that it cannot be determined by the person.

2) The lower court erred in sentencing against Defendant A, B, C, D, and E.

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