폭력행위등처벌에관한법률위반(공동공갈)등
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of probation, probation, community service order 200 hours, Defendant B: imprisonment with prison labor for six months and two years of suspended execution, and community service order 120 hours) of the lower court are deemed to be too uneasy and unfair.
2. The crime of this case is deemed to have obtained property benefits by jointly threatening the victims who jointly operate the news release room, and the crime is not deemed to have been committed in light of the frequency and method of the crime.
Defendant
In the case of fraud crime A, the amount of fraud is not so big that the responsibility for the crime is heavy.
However, the Defendants recognized the mistakes of each of the crimes in this case and are in profoundly against each other.
Defendant
A has no criminal power exceeding the same criminal power or suspended execution, and Defendant B is the first offender.
Both the victims of the instant case and the Defendant A seems to have an opportunity to reflect themselves through the two-month detention life in the instant case.
In full view of the above circumstances favorable to the Defendants, and all other sentencing conditions as shown in the records and arguments, including the Defendants’ age, character and conduct, environment, etc., the lower court’s sentence cannot be deemed unreasonable merely because each sentence imposed by the lower court is too unreasonable, considering the aforementioned unfavorable circumstances.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.