2018Gohap677(a) Special robbery (the Act on the Punishment of Violences, etc. under Recognized Crimes)

【Violation of Rate (Joint Bribery)】

(b) Violation of the Punishment of Violences, etc. Act;

(c) Violation of the Punishment of Violences, etc. Act;

(d) Violation of the Punishment of Violences, etc. Act (joint coercion);

(e) Violation of the Punishment of Violences, etc. Act;

(f) Mution;

(g) Confinement; and

(h) coercion;

(i) Violence;

1.(a)(c) d. (f) g.i.g.;

A

2.(a)(c)(d)(e);

I

Kim Young-gu (Public Prosecution) and Gyeong-Gyeong (Public Trial)

Attorney Park Jong-ho and Park Jong-ho (for the defendant A),

Attorney Lee Dong-chul (for the defendant 1)

December 21, 2018

Defendant A shall be punished by imprisonment with prison labor for a period of three years and six months, and imprisonment with prison labor for a period of one year and six months.

One copy of the seized notarial deed (No. 10), one copy of the loan certificate (No. 11), one copy of the cash storage certificate (No. 12), one copy of the certificate of personal signature (No. 13), one copy of the certificate of personal signature (No. 14), one copy of the resident registration (No. 15), one copy of the certified resident registration (No. 16), and one copy of the certified resident registration (No. 16) shall be confiscated from Defendant A, respectively.

Criminal facts

1. The sole criminal conduct of Defendant A;

around December 11, 2017, Defendant A knew of the victim D (Nam, 19 years of age) who intends to obtain a loan through J at the French coffee shop located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and did not receive a loan in the name of the said victim. From December 22, 2017 to December 22, 2017, Defendant A did not receive a loan. From the victim D, there is a lot of money fested with “if there is the same.... the damage is to be done at the time of sending the flab. It would be the only time until the payment of the flab. The f.o.b., the f., the f., the f.o., the f., the f.o., the f., the f., the f.o., the f., the f., and the f., the f.o.

A. From December 22, 2017 to December 30, 2017, Defendant A detained the victim D with the victim from around December 22, 2017 to around December 30, 2017: (a) made the victim’s escape by giving the victim D, as seen above, within the coos car owned by the said Defendant, inside the coos car owned by the said Defendant; and (b) held the victim under the custody of the said victim at the inside of the coos car located in the coos car owned by the said Defendant; and (c) made soup and soup, at the inside of the coos car, within the coos car owned by the said victim, the victim was detained until the victim escaped.

Accordingly, Defendant A detained the victim D.

B. From December 22, 2017 to March 21, 2018, Defendant A conspired with the victim D with the victim from around December 22, 2017, to use the body card, etc. from the victim D around December 22, 2017, and the victim "on the same body card, etc., and the victim "on the same part......... the victim sent the container at the time.... the victim must go together until he/she fully pays off the container." The victim met the face of the body at the time of drinking, and felling it. Defendant A was issued with one cell phone, etc. from the victim D's mobile phone owner, who was frightd with the Defendant's assault and intimidation within the victim's car owned by the above Defendant at around 01:40 on the same day. Defendant A received one of the resident registration certificates from the victim D with the aforementioned victim's mobile phone owner's mobile phone owner, one of whom he/she was issued.

Then, Defendant A returned to the Defendant with the victim D, who was frighten by the Defendant, and used 630,000 won in total from December 23, 2017 to March 21, 2018, such as withdrawing cash or settling the price of goods, as stated in the attached crime list, from December 23, 2017 to March 21, 2018.

Accordingly, Defendant A took away the victim’s D’s property from January 5, 2018 to February 13, 2018. From January 5, 2018, Defendant A detained the victim D by means of discovering the victim’s D in the vicinity of Pyeongtaek-si and making it possible for the said victim to have the victim flown away by drinking the body and face. At the same time, Defendant A, who had taken the victim into custody of the victim D’s property from January 5, 2018, left with the said victim, and detained the said victim until the victim escaped.

D. On January 5, 2018, Defendant A forced the victim D to borrow 15 million won from Defendant A, by threatening the victim as above, at the studio in Pyeongtaek-si around 19:00 on January 5, 2018, Defendant A: (a) assaulted the victim D; and (b) took the victim as “the victim would have taken photographs to have legal effect;” and (c) by threatening the victim to “the victim would have taken photographs to have legal effect;” and (d) written a false certificate of borrowing 15 million won from Defendant A.

Accordingly, Defendant A forced the victim D to commit an act of non-performance of obligation by assaulting and threatening the victim D.

E. On January 11, 2018, Defendant A, at the center center in the Mayang-si, Goyang-si, issued a false business registration certificate, which was created under the said victim’s name, and ordered the victim D to obtain “M” loans with a false business registration certificate, which was created under the said victim’s name. Accordingly, the victim D obtained a loan from the L bank using the said business registration certificate, and received a deposit amount of KRW 5 million from the LIM’s account (Account No. N) with the above victim’s name, and received the above five million loan from the LIM’s bank account (Account No. N), and received the above five million won loan from the nearby MM equipment, and received it from the said victim. Accordingly, Defendant A took property from the victim D.

F. A around February 14, 2018, around February 14, 2018, Defendant A received one cell phone set of the cell phone owned by the said victim by the said victim D, who is frighting to the victim D, by confinement, etc., in the vicinity of the market located in Eunpyeong-gu Seoul Metropolitan Government, around February 14, 2018. Accordingly, Defendant A took property from the victim D.

(g) Confinement of victims P from February 26, 2018 to February 28, 2018, and assault against victims D

A around February 25, 2018, around Sungnam Terminal, the above defendant discovered contact number of the victim P (manam, 20 years old) with the victim D using a mobile phone set by the victim D, as described in the above paragraph b, and contact with the victim P to introduce female-friendly implements to Qua, and came together with the victim P, or D and R (a woman for whom the defendant introduced the victim P). On February 26, 2018, the defendant sent the victim P from 00 p.m. to 10 p.m. 20 p.m., the victim P from 0 p.m. to 0 p. 20 p.m., the victim P and 1 p.m. to 0 p.m., the victim's 1 p.m. to 20 p.m., the defendant sent the victim Pel to 1 p.m., the victim's kn's kn't p.m. to 200 p.m.

H. On February 26, 2018, Defendant A forced the victim P to take steps around 04:00 on February 26, 2018, instructed the victim P to take a false loan certificate with the content that the said victim borrowed money from the Defendant, by threatening the victim P, who is frighting to take such measures as confinement, etc., as above, to “the cost of the festeting the festet to the fest unit. If the money is not given now, it appears that it would be likely to go against the loan certificate.”

As a result, Defendant A forced the victim P to commit an act of non-performance of obligation.

(i) From February 27, 2018 to February 28, 2018, Defendant A instructed the victim P to open a cell phone with a fluort mobile phone store located in Sungnam-si around February 27, 2018 to open the cell phone. Accordingly, Defendant A instructed the victim P to open a cell phone with a flut gold, etc., as above, at the flut mobile phone store located in Sungnam-si.

When the above victim has opened two cell phoness equivalent to KRW 1,557,600, the defendant A received each of the above victims from the above victims.

On February 28, 2018, Defendant A received each of the above-mentioned mobile phone 1,557,600 won at the market price opened in the victim P by the above-mentioned method at the above-mentioned mobile phone store, and one of the mobile phone units in the market price not lower than 1,57,600. As a result, Defendant A set up four cell phoness from the victim P.

2. Defendants’ co-principal conduct

A. From February 14, 2018 to March 21, 2018, Defendant A violated the Punishment of Violences, etc. (joint confinement) with the victim D and S around February 14, 2018, Defendant A discovered the victim D in the market located in Eunpyeong-gu Seoul, to prevent the victim from getting out of the victim D by means of discovering the victim D and exposing the clothes and face with drinking, etc. At the same time, Defendant A and Defendant A were arrested the victim D with the victim at the scamba-si, Suwon-si, and Pyeongtaek-si. The Defendants sent the victim D’s cell phone at around March 1, 2018, and Defendant A were arrested with the victim 2 by using the aforementioned method to prevent the victim from getting out of the victim D and to monitor the victim, and Defendant A et al., Defendant D’s contact with the victim 1, who was the victim.

At around March 16, 2018, the Defendants shown the attitude that Defendant A would endanger the victim S by drinking in front of the victim S, taking the victim D’s clothes, nameing, face, etc. at several times, and taking water-saving trees, etc. at the victim S. At the victim’s residence, the Defendants appeared to have shown that the victim S would face the victim’s injury. The victim S may not be able to have the victim paid off the money. The Defendants called “I am the victim with the inside... I want to look back at the house at the escape.” The victim’s residence and Ansan-sielel, etc. so that the victims might not escape, and Defendant 1 detained the victim by taking measures such as monitoring the victim’s escape. On March 21, 2018, Defendant 1 detained the victims until the victim escaped.

Accordingly, the Defendants jointly detained the victims.

(b) Violation of the Punishment of Violences, etc. against Victims Act (joint rupture) around March 16, 2018;

On March 16, 2018, the Defendants instructed the victim S who drinked, such as confinement, etc., at the cell phone store located in Sungnam-si, to open the cell phone along with D, and accordingly, the Defendants entered the store together with the victim D and opened two cell phones in the market price, and the Defendants received the delivery from the said victim.

As a result, the Defendants jointly committed two mobile phones from the victim S. A. On March 26, 2018, around March 26, 2018, the Defendants violated the Punishment of Violence, etc. Act (joint coercion) against the victim J expressed that, at the above Defendant’s residence, Defendant A would have expressed an attitude to “to take each letter, etc. as security until he/she incurs money under the pretext of agreement” and that, at around 22:00 on March 26, 2018, Defendant A would have made the victimJ take a false loan certificate, cash storage certificate, and each letter to the effect that the said victim borrowed KRW 6.3 million from Defendant A, and Defendant I tried to take a dynamic image.

Then, around March 27, 2018, the Defendants made a notarial deed that the victim J borrowed 6.3 million won from Defendant A in the W notarial office located in Gwangju-si. Accordingly, the Defendants jointly forced the victim J to commit an act of non-performance of obligation by threatening the victimJ.

(d) Violation of the Punishment of Violences, etc. Act (joint rupture) against Posman Sicking in April 2018.

On April 2018, the Defendants instructed the victim S, who were frightened by confinement, etc. in Gwangju City, to obtain a telephone loan, and accordingly, the said victim applied for a loan to X bank by phoneing to the above victim, and on the same day, requested the above victim to withdraw KRW 5 million from the Y association account in the above victim’s name, and received a delivery from the above victim.

As a result, the Defendants jointly taken property from the victim S.

3. Joint Offences between the Defendants and the Z

Defendant A, around 19:00 on March 22, 2018, knew that he would find a house of his parents if he did not talk about the present location to the victim S, by means of a telephone, text message, etc., and he was in the residence of the victim J (Nam, 21 years old) who is the victim D and S, and the Defendants and Z found the residence of the victim J in Gwanak-gu in Seoul Special Metropolitan City.

(a) Violation of the Punishment of Violences, etc. to Victims J (Joint Assault) and the Punishment of Violences, etc. to Victims D (Joint Violence);

피고인들과 Z는 2018. 3. 22. 19:00경 피해자 J의 주거지에서 피해자 J이 보고 있는 가운데 피고인 A는 피해자 D에게 "개새끼. 씹할. 도망치지 말랬지. 잡으면 죽인다 했지. 한번만 더 잠수를 타면 어디 하나 부러뜨릴 거라고 했지"라고 말을 하며 주먹과 손바닥으로 얼굴을 수회 때리고, 주먹으로 복부와 명치를 수회 때리고, 눈을 감게 한 후 손가락을 튕겨서 눈 부위를 수회 떄리고, 혀를 내밀게 하여 "담뱃재를 조금이라도 떨어뜨리면 죽여버린다"고 말하며 혀 위에 담뱃재를 떨고, 피고인 1은 장지갑을 꺼내 피해자 D의 뺨을 수회 때리고, Z는 피해자 D의 뺨을 1회 때리는 등 폭행하고, 피고인A는 당시 같은 자리에 있던 피해자 J의 여자친구 AA에게 "S의 휴대폰 값을 갚아라. J에게 보증을 서라. 돈을 안 갚으면 J의 장기가 팔릴 것이다"라고 말하고, Z는 AA에게 "돈을 안 갚으면 너를 팔아 넘길 수도 있다"고 말하는 등 협박하고, 피고인 I과 Z는 피해자 J과 AA에게 휴대폰을 바닥에 내려놓도록 하는 등으로 행동하여 피해자 J을 협박하였다.

The Defendants and Z have, within the room of the victim J as above, jumal jusium of the amounting to KRW 370,000,00 in the market value of Samsung Lgal jusium of KRW 50,000, 1 unit of Samsung FE mobile phones of the market value of KRW 50,000, 1 unit of Samsung G4 mobile phones of the market value of KRW 50,000, and 1 unit of Samsung Ggal jus of the market value of KRW 3 mobile phones of the market value of KRW 50,000, the market value of Samsung Tgal jus of the market value of KRW 60,000.

As a result, the Defendants jointly committed violence against the victim D by taking the victim's property in common with the Z, and jointly committing violence.

B. From March 22, 2018 to April 19, 2018, from March 2, 2018 to March 20, 2018, the Defendants and Z violated the Punishment of Violences, etc. Act (joint confinement) against the victims from March 22, 2018 to March 20, 200; from March 23, 2018 to March 24, 201, they were jointly detained by the victims from March 23, 201 to March 24, 201; from March 24, 2018 to March 24, 2018; and from March 201, the Defendants were jointly detained by the victims from March 23, 2018 to March 24, 2018; and from March 24, 2018 to September 10, 2018.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant I’s legal statement

1. Legal statement of the witness J;

1. Examination of suspect about Z by the prosecution;

1. Statement of each prosecutor's office with respect to P and D, and a prosecutor's office statement of AB;

1. Each police record statement of AA, AC, D, and S;

1. Protocols of seizure and list of seized articles and photographs of each police;

1. Report on internal investigation (Submission of a victim AA and A suspect's file for recording of a telephone) and one copy of the voice file CD in attached telephone conversations, investigation report (victim A and S, etc. related investigation), investigation report (verification of the content of A and AA J call), and attachment J, voice file CDs of the contents of A telephone conversations, victim DNA files and dialogues, AD-related voice files, AD-related audio files and dialogues, victim victim victim video photographs of the residence of the victim J, 12 reported apartment image of the case, 112 report processing list, K bank account deposit and withdrawal records, 4 cell phone deposit records confirmed in the name of P, screen of the victim K bank account, DNA loan products and loan transaction agreement, investigation report (Preparation of the details that the victim has taken out from A), and attached D's check release records, etc.;

1. Each description of the certified copy of the seized notarial deed (No. 10), the loan certificate (No. 11), the cash storage certificate (No. 12), the various documents (No. 13), the confirmation of personal signature (No. 14), the certified copy of the resident registration (No. 15), the initial copy of the resident registration (No. 16), and the respective descriptions and their existing descriptions;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 276(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 324(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act; Article 276(2)3 of the Criminal Act; Article 350(1) of the Punishment of Violences, etc. Act; Article 276(2)3 of the Criminal Act; Article 350(1) of the Criminal Act; Article 2(2)2 of the Punishment of Violences, etc. Act; Article 324(1) of the Criminal Act; Article 324(1) of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1)2 of the Punishment of Violences, etc. Act; Article 260(1) of the Punishment of the Punishment of Violences, etc.

B. Defendant 1: Article 2(2)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 276(2)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict, choice of imprisonment), Article 2(2)2 of the Punishment of Violences, etc. Act, Article 324(1) of the Criminal Act (joint coercion, choice of imprisonment), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (Joint Violence and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Defendants: Each of the Defendants: Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act and penalty prescribed in the Punishment of Violences, etc. (Joint Bribery) against the Victims S on April 2018, with the largest sentence for the crime committed by Articles 38 (1) 2 and 50 of the Criminal Act

1. Confiscation;

Defendant A: Reasons for sentencing under Article 48(1)2 of the Criminal Act

1. Defendant A

(a) Scope of punishment by law: Imprisonment for not less than one month but not more than two years and not more than six months;

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crimes and crimes referred to in Articles 2 and 3: Violation of the Punishment of Violences, etc. Act (joint rapion); and

[Determination of Punishment] Type 1 (less than 30 million won) shall be used as a general attack.

[Special Esponsor] Where a person leads or directs a crime (aggravated factor), or where the method of crime is very poor (aggravated factor)

[Scope of Recommendation] Imprisonment of not less than 10 months but not more than 3 years and not more than 9 months (special aggravation area)

2) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than 10 months but not more than 6 years and not more than 10 months (=3 years and 9 months + (3 years and 9 months x 1/2) + (3 years and 1/3 x 1/3), and less than one month). Determination of sentence shall be made by sentence: Imprisonment with prison labor for not less than three years and 6 months;

○ Unfavorable Conditions

The Defendant continued to detain victims D for a long time and continued to commit assault and intimidation, and took advantage of the card, loan, cell phone, etc., and took advantage of the victim P, S, J, and AA through D. The extent of assault and intimidation inflicted upon victims during the above crime is very serious, and the victims who lack social experience and economic ability are suffering serious physical and mental harm and considerable economic damage, and the liability for the crime is very serious. The Defendant recognized the instant crime in the court and submitted several rebuttals. However, the Defendant actively acknowledged the instant crime only in extenuating circumstances or inevitable circumstances when there is evidence unfavorable to the victims who were committed during the investigation, and led the victims to deny the initial crime (the investigation record 2282 pages). The Defendant already committed the crime and the crime of violation of the Act on the Punishment of Violence, Etc. (the criminal records 2282 pages). The Defendant was sentenced to the probation of the Defendant’s imprisonment with prison labor, which was the previous and the Act on the Punishment of Violences, etc., and did not comply with the probation of the Defendant.

○ favorable circumstances

The defendant shows his attitude to recognize and reflect the crime in this court.

The Defendant, at the time of committing the instant crime, is a legal adult at the age of 19, but social experience is insufficient, and the Defendant appears to have committed the instant crime in the absence of psychological maturity. The Defendant continued to assault the victim D, while the degree of assault and intimidation was serious, did not reach the level of injury.

In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, health status, motive and background of the crime, means and method of the crime, and the circumstances after the crime were committed shall be determined as ordered in full view of all the circumstances shown in the records and arguments of this case.

2. Defendant I

(a) Scope of punishment by law: Imprisonment for not less than one month but not more than two years and not more than six months;

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crimes and crimes referred to in Articles 2 and 3: Violation of the Punishment of Violences, etc. Act (joint rapion); and

[Determination of Punishment] Type 1 (less than 30 million won) shall be used as a general attack.

[Special Escopic Persons] Where a method of committing a crime is very poor (Aggravated Elements)

[Scope of Recommendation] Imprisonment of not less than 10 months but not more than 2 years and 6 months (Aggravated Field)

2) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than 10 months but not more than 4 years and not more than 7 months (=2 years and 6 months + (2 years and 6 months ¡¿ 1/2) + (2 years and 6 months ¡¿ 1/3): Determination of sentence: One year and 6 months;

○ Unfavorable Conditions

In collaboration with Defendant A, the Defendant inflicted serious physical and mental harm and considerable economic damage on the victims who lack social experience and economic ability by assaulting and threateninging the victims D, S, J, and AA, and thereby doing so. The Defendant has already been sentenced to a suspended sentence of two years in October due to the crime of violation of the Punishment of Violences, etc. Act (joint confinement), which is the previous and previous criminal records, and committed the instant crime during the period of suspended execution, without going against the past record of the suspended execution and the past record of multiple juvenile protective disposition. The victims did not recover from the victims, and the victims except the victims S are punished by the Defendant.

○ favorable circumstances

The Defendant appears to have not been in the leading position in the process of committing the instant crime. While the Defendant denied some of the crimes at an investigative agency, this court shows the attitude to recognize and reflect all the crimes. While the Defendant is a legal adult at the time of committing the instant crime, it appears that the Defendant committed the instant crime in a state where social experience is insufficient, and even without psychological maturity. The victim S does not want the Defendant’s punishment.

In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, health status, motive and background of the crime, means and method of the crime, and the circumstances after the crime were committed shall be determined as ordered in full view of all the circumstances shown in the records and arguments of this case.

Parts of innocence

1. Summary of special robbery against the Defendants in the facts charged of the instant case

피고인들과 Z는 2018. 3. 22. 19:00경 피해자 J의 주거지에서 피해자 J이 보고 있는 가운데 피고인 A는 피해자 D에게 "개새끼. 씹할. 도망치지 말랬지. 잡으면 죽인다 했지. 한번만 더 잠수를 타면 어디 하나 부러뜨릴 거라고 했지"라고 말을 하며 주먹과 손바닥으로 얼굴을 수회 때리고, 주먹으로 복부와 명치를 수회 때리고, 눈을 감게 한 후 손가락을 튕겨서 눈 부위를 수회 때리고, 혀를 내밀게 하여 "담뱃재를 조금이라도 떨어뜨리면 죽여버린다"고 말하며 혀 위에 담뱃재를 떨고, 피고인 I은 장지갑을 꺼내 피해자 D의 뺨을 수회 때리고, Z는 피해자 D의 뺨을 1회 때리는 등 폭행하고, 피고인A는 당시 같은 자리에 있던 피해자 J의 여자친구 AA에게 "S의 휴대폰 값을 갚아라. J에게 보증을 서라. 돈을 안 갚으면 J의 장기가 팔릴 것이다"라고 말하고, Z는 AA에게 "돈을 안 갚으면 너를 팔아 넘길 수도 있다"고 말하는 등 협박하고, 피고인 1과 Z는 피해자 J과 AA에게 휴대폰을 바닥에 내려놓도록 하는 등으로 행동하여 피해자 J의 반항을 완전히 억압하였다. 피고인들과 Z는 피해자 J의 방 안에서 피해자 J 소유의 시가 370,000원 상당의 삼성갤럭시 노트FE 휴대폰 1대, 시가 50,000원 상당의 LG G4 휴대폰 1대, 시가 50,000원 상당의 삼성 갤럭시3 휴대폰 1대, 시가 60,000원 상당의 몽블랑 향수 1개, 시가 15,000원 상당의 벤츠향수 1개, 시가 120,000원 상당의 아이코스 전자담배 1개, 혼다 오토바이 및 열쇠, 집 밖에 세워져 있던 시가 3,930,000원 상당의 125CC 혼다 오토바이를 가지고 갔다.

As a result, the Defendants took the property from the victim J jointly with the Z.

2. Determination

A. Relevant legal principles

In the crime of robbery, the degree of assault and intimidation must be the degree to which the other party’s resistance is objectively forced or unable to resist (see, e.g., Supreme Court Decision 2004Do4437, Oct. 28, 2004). In that the crime of robbery is used as a means of assault and intimidation as well as the crime of robbery, and thus, the degree of assault and intimidation is recognized as having reached the crime of robbery (see, e.g., Supreme Court Decision 2001Do359, Mar. 23, 2001). Furthermore, even if the defendant has committed assault and intimidation sufficient to suppress the other party, the crime of robbery by the above assault or intimidation may not be established unless it can be assessed as realizing the whole and substantially single property seizure, such as where the situation of resistance suppression by the assault or intimidation was conducted under the plan for taking property from the beginning or it was extremely closely connected with the other party’s time (see, e.g., Supreme Court Decision 200Do31308).

In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by this court, the extent of intimidation by the Defendants may be deemed to have been restricted to the freedom of decision-making by the victimJ or to have obstructed the freedom of its execution, i.e., the crime of intimidation, but it is difficult to readily conclude that, under generally accepted social norms, the assault and intimidation by the Defendants against the victimJ has reached the degree of suppression of the victimJ’s resistance or to make it considerably difficult to resist the victimJ’s resistance. It is also difficult to evaluate the Defendants’ assault and intimidation by the victimJ as an act of realizing the victimJ’s criminal intent of taking each of the above facts charged.

1) The Defendants, while taking a serious bath to D, committed very serious assault to D, such as drinking face, clothes, and saves, saves, and saves, leaving a boat or saves, etc. In particular, Defendant A was off from the saves, and showed that the saves in the whole body were sent to the victimJ. However, there was no direct assault by the Defendants against the victimJ or JJ, and the victimJ stated that D was in the situation where D was saved at the time of this court’s assault (13 pages of the witnessJ’s examination record).

2) At the time of the Defendants’ assaulting D, the Defendants did not make any particular talk to the victim J, and the Defendants demanded the victim J to take advantage of S’s Handphones only after the Defendants finished their talks with D and talks (seven pages of the witness J’s witness examination record).

3) According to the S’s consent, the victim J stated that S and D disposed of the mobile phone under the name of S, and raised living expenses necessary to live in the victim J’s residence, and then disposed of the mobile phone under the above name. However, the victim J did not obtain S’s consent with respect to the part of purchasing the two mobile phones that he/she uses as the proceeds of the disposition (20 pages, 1256 pages), and the Defendants threatened the police to report the above victim J’s act to the crime of fraud unless they give money to the victim J’s act that constitutes fraud. The victim J stated in this court that the Defendants were threatened, and the Defendants did not report to the Defendants as a fraud. In order to prevent any criminal act from being delayed because they were put on probation, the Defendants did not appear to have taken advantage of the Defendant’s residence at the time of Gwangju’s request to the effect that he/she did not go against the victim’s request and did not bring about the victim’s purchase of the mobile phone, thereby leading the Defendants to his/her purchase of the victim’s witness.

4) Defendants were in the victim J’s residence on March 22, 2018. From March 19, 2018 to around 19:00, the Defendants started with the victim J, etc., and brought about the victim J to the victim J by departing from the Defendant’s residence in Gwangju city with the victim J, and around 23:00 on the same day after about 4 hours thereafter. Thus, there is a considerable interval between the Defendants’ time of assault and intimidation and the time of taking property, and there is no assault and intimidation as described in this part of the facts charged continuously.

5) Defendant A, I and Z, and the victim J included AC that appears to have been aged compared to AA, a female, during the victim J, but the victim J was 4 totals of J, D, AA, and AC, and the victim J appears not to have been satisfyed or to have been unable to resist, and the Defendants used the title "patfy" to the victim J (the investigative record 10,17 pages).

Thus, this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the court found the defendant guilty of violating the Punishment of Violences, etc. to the victim J as stated in the above facts charged, it shall not be sentenced not

The senior judge of the presiding judge;

Judge Lee Sang-hoon

Judges Park Il-young