폭력행위등처벌에관한법률위반(공동공갈)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (one year and six months of imprisonment, three years of probation, three years of community service order 200 hours, two years of imprisonment, three years of suspended execution, three years of probation, and 200 hours of community service order) are too unfasible and unfair.
2. Of the crime of this case, the defendants conspired in advance to report the victim's sexual assault suspicion, thereby taking money of a considerable amount of money under the pretext of agreement, and the nature and circumstances of the crime are very poor. However, the defendant A has no record of punishment for the crime of this case by the investigative agency, and the defendant B has no record of the criminal punishment for the same crime, and the victim was tried by mutual consent with the victim, and the defendant was seriously against the above defendant. In full view of the various circumstances that are the conditions for sentencing in this case, such as the age, character, conduct, environment, family relationship, etc. of the defendants, the prosecutor's assertion is not justified since the defendant's excessive sentence imposed by the court below is uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
[However, in the judgment of the court below, the "1. Judicial Police Officer's entry in the investigation report (related to A. A. Suspect Arrest Report)" is added].