폭력행위등처벌에관한법률위반(공동공갈)등
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (a fine of 12 million won is imposed on Defendant A, and a fine of 8 million won is imposed on Defendant B) by the lower court is too uneased and unreasonable.
2. The Defendants had a record of having been punished several times for the same kind of case, and Defendant A had been sentenced to a fine during the period of suspension of execution due to the same kind of case, and Defendant B again committed the instant crime during the period of suspension of execution due to this type of case.
The defendants find the victim's marina business place, and the defendants are called the defendants' tin-opener's tin-opener's money from the victim, leave the money in attempted way, and drive the spacker's spack, etc., and commit the crime by obstructing the victim's work.
However, the Defendants recognized the mistake of the crime of this case and are in profoundly against it.
The common attack of this case is committed in the attempted crime, and the defendants do not want the punishment of the defendants any longer by agreement with the victim.
After the decision of the court below, the defendant A is trying to work in the hearing operated by his parents, and the defendant B is likely to be reinstated to the company that had attended before and live relatively in good faith.
In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.