폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. As to the crime of false accusation as stated in the judgment of the court below, the defendant did not have conspired with G, etc. to commit a crime of false accusation with G, etc., but the defendant committed the crime of false accusation in collusion with G, etc.
In the judgment below, there is an error of misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentence (two years and six months of imprisonment) against the Defendant in light of the punishment of unfair accomplices in sentencing is too unreasonable.
2. Determination
A. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine.
The court below ruled that the defendant's assertion was rejected on the grounds of various reasons in the part "guilty."
In light of the evidence, a thorough examination of the judgment of the court below is conducted, and the following circumstances, i.e., the defendant proposed the crime of attack in this case, led with G, and actively participated in the crime of false accusation in this case, such as hearing advance and ex post facto explanation from G at the time of reporting to the police, etc., it can be sufficiently recognized that the defendant committed the crime of false accusation in collusion with G, etc. in the judgment of the court below, and there is no error of misunderstanding of the facts or misunderstanding of the legal principles as argued by the defendant in the judgment of the court below.
B. The fact that the instant crime was planned under the Defendant’s initiative to determine the unfair argument of sentencing, and that the Defendant committed the instant crime again during the period of suspended execution due to violent crimes, etc. is disadvantageous.
However, the crime of extortion is committed against attempted crimes, and the crime without accusation also did not reach the criminal punishment phase for the victim, deposit KRW 3 million at the court below and agreed with the victim in the first instance, and two years of imprisonment even though G who did not differ from the degree of participation in the crime was added to the crime of narcotics.