공갈등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for not less than two years and six months.
Seed 14 Doz. Doz. Doz. 14
1. Summary of grounds for appeal;
A. Each sentence sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.
B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.
2. Determination
A. Where cash or check withdrawn from a financial institution in the same amount of money or check, which is an object of ex officio determination, was kept in the form of a deposit, and was withdrawn in order to receive the same amount of cash or check, the cash or check withdrawn in the nature of the deposit contract does not change any change in its monetary value indicated in the amount, and the stolen property remains intact (see Supreme Court Decision 2004Do353, Apr. 16, 2004, etc.) (see, 2004Do353, Apr. 16, 200), and the reason for returning the stolen property to the victim is obvious by judgment (Article 333 (1) of the Criminal Procedure Act). According to the evidence duly examined and adopted by the court below, the court below erred in the misapprehension of legal principles as to the original right (No. 14 copies No. 1) and 600,000 won (No. 36,000 won No. 1,000,000 won).
B. We examine both the Defendants and the Prosecutor’s respective unfair arguments on sentencing.