폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.
1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.
2. Considering the fact that the nature of the crime of this case is very good, up to the trial of the case, Defendant A and Defendant B did not agree with the victim E, strict punishment against the Defendants is necessary.
However, when the defendants made confession of all of the crimes of this case and divide their mistake in depth, the victims' injury did not take place, and the defendant B reached an agreement with the victim D when the judgment became final and conclusive. Each of the crimes of this case is concurrent crimes with the crime of robbery for which judgment has become final and conclusive under Article 37 of the Criminal Act, the equity should be taken into account when judgment is to be rendered concurrently under Article 39(1) of the Criminal Act in relation to the concurrent crimes between the crime of robbery and the crime of robbery after Article 37 of the Criminal Act. In addition, considering the defendants' age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case such as the circumstances after the crime, the court below's punishment against the defendants is too unreasonable. Thus, the defendants' above assertion has merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 350 of the Criminal Act (joint conflict), Article 2(2) and 2(1)2 of the former breadth Act, and the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).