폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Determination is that each of the crimes of this case is not good, such as preventing the criminal defendant from committing larceny by using his/her accomplices, and collecting money from his/her accomplices, and the fact that there are many victims and that the amount of damage is not considerable is disadvantageous to the defendant.
However, considering the fact that the defendant appears to recognize and reflect each of the crimes of this case, the defendant's parents agreed to pay damages to most victims, or deposited money to recover damage after the defendant has become adult, there are no other criminal records except criminal punishment for assault after the defendant has become adult, and the family members of the defendant are leading the defendant to the defendant, and other circumstances such as the motive and circumstances of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the punishment imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331(2) and Article 331(1) of the Criminal Act (special larceny), Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict) concerning criminal facts, Articles 231 and 30 of the Criminal Act (the point of joint conflict), Articles 234, 231, and 30 of the Criminal Act (the point of joint conflict) concerning each criminal fact, Articles 234, 231, and 30 of the Criminal Act (the point of exercising the above investigation document) of the same Act, Article 230 of the Criminal Act.