폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
Part concerning Defendant A and C shall be reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant C.
1. Summary of grounds for appeal;
A. The public prosecutor's sentence that the court below sentenced the defendants (one year of imprisonment, three years of probation, three years of probation, community service, 240 hours of probation, 240 hours of probation, and 2 years of probation table 2 in the decision of the court below, one year of imprisonment, one year of probation, three years of probation, three years of probation, probation, and 400 hours of community service) is too unreasonable.
B. The sentence imposed by the lower court by Defendant B is too unreasonable.
2. Determination
A. The Defendant did not have any record of being punished for the same kind of crime, and did not repeat the crime by putting the error in depth against the prosecutor’s assertion of unfair sentencing against Defendant A.
The full amount of the damage inflicted upon AV was paid to the victim, and the full amount of the damage was deposited for the victim AT and AW, respectively, and the victim insurance company is deemed to have repaid the money by fraud.
The defendant is responsible for the livelihood of his wife and his father and his father, and his family is seeking the defendant's wife.
However, in collaboration with G and H, the Defendant: (a) committed a traffic accident against the victims who drink and drive alcohol; (b) planned to borrow money and valuables for drinking driving; and (c) received a total of KRW 23.5 million from six victims under the pretext of agreement by “to make a report to the police or receive a larger punishment by obtaining a diagnosis certificate; and (d) threatening the victims by threatening the victims.” Even though the victims caused an accident intentionally, the Defendant received each insurance money from the insurance company of the victim J andO vehicles; (b) received each insurance money from the victim J and the insurance company; and (c) received the victim AV from the same department as the Defendant in the event of a crime of revolving the victim AV, such as AV, and the Defendant was the employee who was working for the same department as the Defendant, and then the victim AV was the accomplice, the accomplice, and G.