폭력행위등처벌에관한법률위반(공동공갈)
Defendant
All appeals by prosecutors are dismissed.
As to the sentence of imprisonment with prison labor for one year and six months against the defendant who committed each joint crime in the judgment of the court below, the defendant appealed that the punishment is too unreasonable, while the prosecutor appealed that the punishment is too unreasonable.
As revealed by the court below, the defendant shared a planned and systematic role with unreasonable accomplices, and committed each of the crimes of this case through the abuse of the circumstances that it is difficult for many unspecified victims, who have weak driving without a license, to appeal to the legal order, with the abuse of the circumstances that make it difficult for them to appeal to the law and order. As such, the method of crime is likely to disrupt, and the frequency of the crime and the amount of damage are too poor due to the lack of the frequency and the amount of damage.
In the process, the defendant, who intentionally faced with the driver's vehicle of the victims, was actively involved in the crime by sharing the role of "patient" and actively participated in the crime, and according to the statement of the accomplice, the proceeds of the crime are also divided into not only the accomplice.
Damage of victims is still in the state that most of the victims have not been recovered.
Furthermore, unlike other accomplices, the Defendant did not faithfully comply with the legitimate criminal procedure under each of the instant crimes.
As such, the prosecutor's assertion that a more severe punishment should be imposed on the defendant who has the poor nature of the crime and the circumstances than the punishment of the court below is sufficient.
In addition, the defendant's age, sex, academic background, environment, family relationship, relationship with victims, frequency and result of the crime, circumstances after the crime, damage recovery, etc.