beta
(영문) 부산지방법원 2014.12.19 2014노3370

폭력행위등처벌에관한법률위반(상습공갈)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a year and ten months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of two years imposed by the court below on the defendant A, and the sentence of one year imposed on the defendant B is too unreasonable.

2. It is recognized that the Defendants divided their mistakes, the entire criminal acts were led to confession and actively cooperate in the investigation process, Defendant A did not have any record of criminal punishment other than fines since 200, Defendant B did not have any record of criminal punishment other than fines once, the Defendants reached an agreement with the victim and only one victim, and the total of 21 victims paid out KRW 1.3 million.

However, the crime of this case is deemed to have been committed by 309 victims by demanding the manufacturer to obtain compensation by telephone and threatening him to know the fact that the crime of this case was found if the defendants conspired to buy them habitually. In light of the criminal law, the crime of this case is very poor in terms of not only the nature of the crime but also the number of victims and damage amount, and the period of the crime. The crime of the so-called so-called "bcker", such as the crime of this case, needs to be strictly punished because it has a very great harm to the society and economy. Nevertheless, the court below acknowledged that the crime of this case, such as the crime of this case, is likely to cause harm to the society and the economy, and therefore, it is recognized that the court sentenced the punishment after lowering the lower limit of the punishment through discretionary mitigation in consideration of favorable circumstances for the defendants, and that most damage to the trial was not recovered.

In the above circumstances, the Defendants’ age, environment, occupation, family relationship, the background leading to the instant crime, the degree of the commission of the crime, and the circumstances before and after the commission of the crime, etc., are all the conditions for sentencing indicated in the record.