폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that this judgment.
The summary of the grounds for appeal (unfair punishment) sentenced by the court below (10 months of imprisonment) is too unreasonable.
Judgment
In combination with co-defendants in the court below without special reasons, the defendant detained the victim for 10 days and continued to use violence and intimidation, and took economic benefits using the victim's external appearance. In light of the criminal implements and behavior patterns used for the crime of this case, the criminal quality of the defendant is very bad, and not only the victim due to the crime of this case, but also his family members are also suffering from severe mental impulse and pain.
However, the circumstances favorable to the defendant are that the defendant recognizes the crime of this case and reflects the fact that the defendant has no record of criminal punishment until now, and that the defendant does not want the punishment of the defendant under the agreement with the victim in the trial.
In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the above punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
As the appeal by the defendant is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act concerning the crime, the first sentence of Article 281(1), Articles 278, 276(1) of the Criminal Act concerning the selection of punishment, and punishment of violence, etc.