공갈등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months and the suspension of execution of three years) is too unfluent and unfair.
2. The judgment of the defendant has access to the victim to acquire money by defrauding, brucing, and using violence. In light of the Criminal Procedure Act, the crime is not less severe, and it is not easy to agree with the victim, and the defendant has been punished 6 times a fine due to the violation of the Road Traffic Act (driving) and once a suspended sentence, etc., is disadvantageous to the defendant.
However, in light of the following: (a) the Defendant is divided into the instant crime and is against himself; (b) the deposit of KRW 6 million for the victim; (c) the previous criminal records are related to driving; and (d) all the sentencing conditions and sentencing criteria as shown in the records and arguments, including the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.