폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the first instance is reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and four months, and by imprisonment with prison labor of one year and six months.
1. As to each sentence (Defendant A: Imprisonment with prison labor for two years and four months, confiscation, Defendant B: imprisonment for two years and six months) declared by the first instance court against the Defendants, the Defendants asserts that the above sentence is too unlimited, and that the prosecutor is too uneasible and unfair.
2. We examine both the Defendants and the prosecutor’s assertion of unfair sentencing.
The Defendants’ act of committing the instant crime is committed by taking advantage of the weak points of the victims who had been engaged in sexual traffic through the planned acquisition of personal information, and the nature of the instant crime is not very good in light of the method of committing the instant crime, the frequency of crimes, the number of victims, the number of victims, and the scope of the proceeds of the instant crime. However, in the meantime, the Defendants did not want the punishment of the said victims by mutual consent with the victim S, T, Q, and R when they were in the first instance trial, and all other circumstances, including the sentencing factors stated in the column of “the reason for the punishment” in the judgment of the first instance, including the sentencing factors, and all other circumstances, including the Defendants’ age, character, character, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, are unreasonable.
Therefore, the Defendants’ assertion of unfair sentencing is accepted, and the Prosecutor’s assertion of unfair sentencing is not accepted.
3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the first instance is reversed, and the following judgment is rendered after pleading.
In addition, since the criminal facts of the Defendants and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2)3 of the Punishment of Violences, etc. Act as to the crime in question, Article 350(1) of the Criminal Act (the point of each joint attack), Articles 6 and 2 of the Punishment of Violences, etc. Act.