폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Summary of Grounds for Appeal
The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The crime of this case is that the defendant, after having his accomplice conduct a sexual intercourse with the victims, has taken advantage of his sexual intercourses with the victims, and then has taken advantage of this, the crime of this case may be less and less severe than that of the victims.
Although the defendant could not be said to have committed all of the crimes of this case, considering the following circumstances: (a) the defendant made a confession of all of the crimes of this case and was in violation of depth; (b) the victim L and P committed an attempted crime; (c) the victim J did not have much amount of KRW 1.50,00,00; (d) the victims did not want punishment against the defendant; and (e) the victims do not want to be punished against the defendant; and (e) other various circumstances, which are the conditions of sentencing specified in the records and arguments of this case, including the motive and circumstances leading up to the crime of this case;
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and Article 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 350(1) of the Criminal Act; Articles 6 and 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Articles 156 and 30 of the Criminal Act; Articles 156 and 30 of the Criminal Act; Articles 2(1)3 of the same Act; Articles 6 and 2(2) and (1)3 of the Punishment of Violences, etc. Act; Articles 6 and
1. Articles 157 and 153 of the Criminal Act for statutory mitigation;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;