폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
Part concerning Defendant A, B, and C shall be reversed.
Defendant
A Imprisonment of one year and two months and fine of 20 million won.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A’s mistake recognized and against himself, agreed with the victim S, there was no case of appeal for side effects of the drug sold by the Defendant in relation to the crime of violation of the Pharmaceutical Affairs Act, the support of the Defendant by his family members is imminent, and the health status of the Defendant is worse to the degree that it is difficult to lead a sense of life, etc., the punishment (the imprisonment of one year and two months and fine of twenty million won) imposed by the lower court is too unreasonable.
B. In light of the fact that Defendant B was recognized as committing each of the instant crimes, the victim S does not want the punishment against the Defendant, and the first offender, etc., the sentence imposed by the lower court (one year and two months of imprisonment and fine 20 million won) is too unreasonable.
(c)
Defendant
C In light of the fact that the Defendant only carried a simple delivery book or a remaining heart with respect to the crime of violation of the Pharmaceutical Affairs Act, and did not play a leading role, that the Defendant has suspended the crime for eight months only, that the Defendant is divided by mistake, that is against the risk of recidivism, and that there is no risk of recidivism, the sentence imposed by the lower court (the imprisonment of October and the fine of ten million won) is too unreasonable.
(d)
Defendant
D. In light of the fact that Defendant D, E, and E were accompanied or provided at the request of Defendant A, and they did not conspired to commit specific crimes, Defendant A did not receive compensation for a crime, the degree of participation, and the agreement with the victim S, etc., the sentence imposed by the court below on the above Defendants (two years of suspended sentence in six months of imprisonment) is too unreasonable.
2. Determination
A. The common sentencing of Defendant A, B, D, and E is known to the effect that Defendant A would withdraw the sales price of the drug, such as the stroke, and try to depart from the Republic of Korea for the crime of joint conflict, joint injury, and joint confinement with the victim S.