폭력행위등처벌에관한법률위반(공동공갈)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unafford that each sentence imposed by the lower court on the Defendants (two years of imprisonment, four years of probation, two years of probation, two years of probation observation, community service work, two hundred hours of imprisonment, one and half years of probation, three years of probation, three years of probation observation, two years of probation observation, and one hundred and sixty hours of community service) are too unafford.
2. The Defendants’ act of committing the instant crime is to give money to the Defendants by gambling.
It is also necessary to punish the Defendants strictly in light of the fact that the victims sought money by taking advantage of their money and valuables and the nature of the crime is poor.
On the other hand, however, the defendants showed the attitude of acknowledging and opposing their mistakes, victims seem to be responsible for the occurrence of the crime of this case, and in the case of defendant A, since the crime of this case is in the relation of fraud as stated in the previous judgment of the court below and the concurrent crimes after Article 37 of the Criminal Act, the principle of equity should be taken into account when the judgment is rendered at the same time with the victims, and in addition, considering the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the age of the defendants, sexual conduct, environment, and all other factors of sentencing as stated in the arguments of this case, each punishment of the court below against the defendants is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.