폭력행위등처벌에관한법률위반(공동공갈)
The judgment of the court below is reversed.
Defendant
A Imprisonment for eight months, and Defendant B shall be punished by a fine of 17,000,000 won.
(b).
1. The summary of the grounds for appeal by the lower court (Defendant A: 8 months of imprisonment with prison labor; Defendant B; 6 months of imprisonment) is so excessive that it is unfair (Defendant B explicitly withdrawn the assertion of mental disorder on the first trial date of the first trial of the first trial of the first instance). 2. Circumstances unfavorable to the Defendants are as follows.
Each of the crimes of this case was committed by the Defendants several times in a singing practice room by threatening the victims who are the operators of the singing practice hall to devote themselves to claiming the payment, or by threatening them to report such illegal business activities, etc. (hereinafter referred to as the “singing practice”), and is therefore highly poor in light of the applicable criminal law.
Defendant
A has a record of being sentenced to suspension of indictment for the same crime, and Defendant B committed each of the crimes of this case during the period of repeated crime.
The circumstances favorable to the Defendants are as follows.
The Defendants have shown the attitude to recognize and reflect all of the crimes of this case.
The Defendants agreed with all victims and their parents, and expressed their intent not to have the Defendants punished. In full view of the results of the examination of the witness K of the trial, the Defendants and their parents committed the crimes against the victims several times, and sought correspondence, and the victims seem to have taken advantage of the truth.
The family members and workplace members of the Defendants want to keep up with the Defendants in the original trial and the first trial, and the Defendants’ social ties are clear.
Defendant
B’s criminal conviction constitutes criminal offense of a kind different from that of each of the instant crimes.
In addition, comprehensively taking account of the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, and all of the sentencing conditions in the instant case, including the circumstances after the commission of the crime, each of the above punishment sentenced by the lower court is too excessive.