공갈
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,00,000.
1. The summary of the grounds for appeal is too unreasonable that each of the punishments imposed by the lower court on the Defendants (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment and 1 year of suspended sentence) is too unreasonable.
2. The crime of this case was committed in collusion by the Defendants, which leads to the total sum of KRW 100 million from the damaged persons, and the quality of the crime and the circumstances are not provided against the Defendants.
However, the Defendants recognized the crime of this case against the Defendant when it was in the past, and against the Defendant, even though the amount was large by the Defendants from the damaged party, the Defendants had been entrusted with certain business operations from the damaged party and received the compensation therefor, and the victims also had the money to be paid to the Defendants.
The actual damage, such as statement, is smaller than the amount of damage indicated in the facts charged, the damage victim does not want to be punished by the victim under the agreement with the victim, the defendant A did not have a previous criminal record due to the same or similar crime, the defendant B did not have any criminal record above the suspension of execution, the defendant B was the first criminal record with no criminal record, the defendant's wife and children who must support the defendants, and the registration of the defendant B was revoked when the sentence is finalized. In full view of all the circumstances of this case, considering the circumstances of this case, the court below's favorable circumstances and the defendants' age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records of this case and arguments, the sentence imposed by the court below is too unreasonable. Thus, the defendants' above assertion is justified.
3. Since the defendants' appeal is with merit, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court as to this case is the original judgment.