공갈등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and sixty hours of community service order) declared by the court below is too uneasy and unreasonable.
2. In light of the background, means, degree of damage, etc. of each of the instant crimes, the circumstances are disadvantageous, such as the fact that the relevant crime is very poor, that the Defendant agreed with the victims or did not take any measures to recover damage until the trial is brought against the victims, and that the victim F was punished by severe punishment against the Defendant.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, and the defendant is the first offender who has no previous conviction.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.