공갈등
Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.
Defendant
A. Imprisonment.
1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for Defendant C and confiscation for Defendant C, imprisonment with prison labor for Defendant A six months, and imprisonment with prison labor for Defendant A and confiscation for the second instance court) are too unreasonable.
2. Determination on the grounds for appeal
A. The judgment ex officio (the part of the judgment of the court below) was examined ex officio prior to the judgment on the grounds for appeal, and the appeal case against the defendant A was combined with the judgment of the court below. Each of the crimes in the judgment of the court below against the defendant A in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part against the defendant A and the judgment of the court below in the judgment of the court of first instance cannot avoid all reversal.
B. Although there are favorable circumstances for the defendant, such as the confession and rebuttal of the defendant (the defendant C part) and the payment of KRW 21 million to the victim, in full view of the following circumstances, the court below’s sentence imposed by the defendant does not seem to be unreasonable, and thus, the defendant’s assertion is not acceptable.
The nature of the crime is very pleasure by threatening the victim's family members as if they would inflict harm on them. Despite the previous convictions for the same kind of suspended sentence, the crime of this case is again committed during the suspended sentence period. The punishment determined by the court below seems to have taken into account all favorable circumstances for the defendant, and there is no special change in circumstances or circumstances that may be newly considered in the sentencing after the decision of the court below. 3. The appeal by the defendant C against the judgment of the court of first instance is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the part against the defendant A and the second judgment of the court of first instance are reversed ex officio.