공갈등
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence that the court below sentenced the Defendants to the defendants (the defendant A: imprisonment of 10 months, the defendant B: fine of 3,000,000) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below on the Defendants is too uncomfortable.
2. Determination
A. Defendant A not only has the history of having been punished several times for committing the instant crime prior to the instant crime, but also has been sentenced to imprisonment with prison labor for night building intrusion at the Ulsan District Court on June 3, 2010 and completed the execution of the instant punishment on August 18, 2012, even though he/she had been sentenced to one year, Defendant A again committed the instant crime during the period of repeated crime, and the nature of the instant crime is not less severe. However, in light of the fact that the Defendant confessions all of the instant crimes and reflects his/her mistake, the fact that the Defendant agreed with the investigative agency, and other various circumstances, which are the conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is too harsh.
It is not recognized that it is improper or unreasonable.
B. Defendant B not only had the record of having been punished several times as a crime of violence prior to the instant crime, but also had the record of having been sentenced to a suspended sentence for 10 months at the Busan District Court on December 21, 201, which was sentenced to a crime of violation of the Game Industry Promotion Act, and was sentenced to a suspended sentence for 10 months at the Busan District Court on December 21, 201, and again committed the instant crime without being aware of the fact that the crime was committed, but it is recognized that the Defendant led to the confession of the instant crime and reflects his mistake. Considering such various circumstances as the fact that the Defendant agreed with the victim, the Defendant’s age, character and conduct, and environment, which are the condition of sentencing as shown in the instant records and arguments, the sentence
It is not recognized that it is improper or unreasonable.
3. Conclusion.