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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won and by imprisonment of 2 years for each of the defendants B.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles against Defendant A: (a) Defendant A took advantage of the act of Defendant B by carrying a dangerous object of victims and detained them for a long time by assaulting and threatening them; (b) Defendant A also constitutes a joint principal offender of the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.). Even if Defendant A is recognized only as a joint principal offender of the crime of confinement, the judgment of the court below which recognized Defendant B as a separate principal offender of the crime of violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) even though Defendant B’s crime of confinement was established, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below that found Defendant B as a separate principal offender of the crime of confinement (collective, deadly weapons, etc.).
B. Each sentence of the lower court against the Defendants (the Defendant A: the fine of KRW 5,00,00, Defendant B: the imprisonment of KRW 2 years; the probation period of KRW 4 years; and the community service order of KRW 120 hours) is too uneasible and unreasonable.
2. Determination:
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to whether the crime of violating the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was established against Defendant A, i.e., the container office located at the construction site located in Pyeongtaek-si F (hereinafter “instant container”).
The reason is that only Defendant A and the victims are living in the state of Defendant B and Victim G.