폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. The instant case is a crime related to the so-called “singishing,” and is planned and organized for many unspecified persons, and has a substantial adverse effect on society, and its nature is not very good. In particular, the instant case seems to have a new type of “singishing,” and its risk is more likely to be increased.
Furthermore, the degree of the defendant's participation and the amount of damage are not small, and substantial part of the amount of damage has not been restored, and it is inevitable to punish the defendant.
However, it is recognized that the sentence of the court below is too unreasonable in light of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, and circumstances after the crime, etc., which are favorable to the defendant, such as the fact that the defendant was committed in the first instance, that the defendant was the first offender, that the defendant was the victim L when he was in the trial, that 3 million won was deposited in the victim L, and that 2.5 million won was deposited in the victim F and H respectively.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 350(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, the choice of imprisonment for a crime;
1. The reason for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (an aggravated punishment of concurrent crimes against victim H with the largest punishment and punishment) of the Aggravation of Concurrent Crimes is as follows.