폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
The parts against the Defendants are reversed.
Defendant
A Imprisonment with labor for one year, each of the defendants B and D.
1. The respective sentence of the lower court (one year of imprisonment for Defendant A, Defendant B, and Defendant D: 10 months of imprisonment) against the Defendants in summary of the grounds for appeal is too unreasonable.
2. The crime of this case was committed by the Defendants by intentionally causing a traffic accident, and the nature of the crime was bad, and in particular, Defendant A repeated the crime of this case despite the fact that the Defendants had been sentenced to suspended execution due to the same kind of crime under the same law. In light of the above, the Defendants’ liability for the crime of this case is not against the law.
However, the Defendants did not lead the instant crime; Defendant A did not have the history of having been sentenced to a fine; Defendant B and D did not have the history of having been sentenced to a fine; Defendant B and D did not have any history of having been sentenced to a fine; in the first instance, the Defendants paid all or part of the amount of damage and agreed with each victims or each victims did not want to punish the Defendants; the Defendants made confession of all the crimes in the first instance trial; Defendant D could have been tried concurrently with the crime of the previous offense in the judgment of the court below; and the Defendants could have been tried at the same time as the crime of the previous offense in the judgment of the court below; and in full view of all the sentencing conditions as shown in the instant argument, including the Defendants’ age, sex, family environment, and the background and consequence of the instant crime, the circumstances after the crime, etc., each sentence of the court below against the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is based on each of the grounds, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;