beta
(영문) 부산지방법원 2016.04.29 2015노4559

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

(2).

Reasons

1. The summary of the grounds for appeal is too unfasible that each of the punishments (two years of suspended execution and one hundred and sixty hours of community service work in August, and two years of suspended execution and one hundred and twenty hours of community service work in June) sentenced by the court below to the Defendants is too unfasible.

2. It is recognized that the Defendants recognized the instant crime and reflected the mistake, and that the Defendants did not want to punish the Defendants by mutual consent with the victim D at the lower court.

However, the crime of this case was committed by the Defendants on the studio operated by the victim D, and destroyed the floor, dispute, etc. of the above studio, and interfered with the payment of KRW 1210,000 to the victim G, H, and I, who is his employee, and obstructed the work of the studio scambling. As above, Defendant A interfered with the police's wing mind, etc. dispatched to the 112 report and obstructed the performance of official duties by generating the victim G, H, and I, and it was very poor in light of the circumstances and contents of the crime, frequency of the crime, etc., the Defendants failed to agree with the victim G, I, and I, and Defendant A 2, who was sentenced to punishment of the above victims, and Defendant A 3, who was scambling from the Busan District Court on February 15, 2011, presented that the above victims’ s scambling 10,000 won of the fine order.