폭력행위등처벌에관한법률위반(공동공갈)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The lower court’s sentence (Defendant A: a fine of KRW 4 million; Defendant B: a prison term of KRW 8 months; a suspended sentence of two years; and a community service order of 80 hours) against the Defendants on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.
2. In full view of the circumstances that are disadvantageous to the Defendants, such as the Defendants’ threat of the victims to take advantage of the nature of the crime, or the fact that the Defendants agreed with the victims in the first instance trial that the Defendants violated their wrongness, and Defendant A did not have any record of criminal punishment except once a fine is imposed on the Defendants. In addition, the lower court’s punishment against the Defendants is not deemed to be unfair because the Defendants’ punishment is too uneasible and unreasonable, in light of the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendants’ age, sexual conduct, and the environment. Therefore, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.