폭력행위등처벌에관한법률위반(상습공갈)등
All appeals filed by a prosecutor, Defendant A, C, F, and H are dismissed.
1. Summary of grounds for appeal;
A. The prosecutor (Defendant A, B, C, D, and E) of the lower court’s sentence (Defendant C: one year and six months of imprisonment for each of them; one year and six months of imprisonment for each of them; two months of imprisonment for each of them; two years of probation; two years of probation; two years of community service order; ten months of imprisonment for each of them; two years of probation; ten months of probation; two years of probation; and one hundred and sixty hours of community service order) is deemed to be too uneasible and unfair.
B. Defendant A, B, C, F, and H’s sentence (Defendant F: a fine of KRW 5 million; Defendant H: a fine of KRW 3 million) is too unreasonable.
2. Determination
A. The Defendant A, etc., conspired with Defendant A, etc., to share the role of the crime of this case concerning the unjust assertion of sentencing and the above Defendant’s unfair assertion of sentencing, and reported the fact of driving under the influence of alcohol to the police by accessing the victims by intentionally receiving the victim’s driver’s vehicle after drinking while driving the vehicle after drinking.
In light of the following, Defendant A’s strict punishment should be imposed on Defendant A, taking into account the following: (a) the victim’s frightening of KRW 46.7 million from the victims of frightening; (b) the victim’s frightening of traffic accidents; (c) the victim’s insurance company by deceiving the victim’s insurance company by intentionally causing traffic accidents; (d) the nature of the crime is bad and heavy; (e) the Defendant A plays a leading role in the instant crime; (c) the damage has not yet been recovered; and (d) the Defendant A has a history of criminal punishment several times including punishment for fraud.
However, Defendant A confessions the instant crime for the first time and reflects the wrongness of Defendant A, Defendant A agreed with some victims in the original trial and agreed with the victim AR in addition, Defendant A did not have any history of criminal punishment due to the crime of conflict.