폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of 10 months and fines of 7,00,000, and Defendant B shall be punished by imprisonment with prison labor of 1 year and 6 months.
1. Summary of grounds for appeal;
A. The punishment of one year and one year and six months of imprisonment sentenced to Defendant A, which the court below sentenced to Defendant B, is too unreasonable.
B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.
2. In full view of the circumstances leading up to the Defendants’ respective crimes, the specific details of the crimes of joint confinement, the degree of participation of each Defendant, profits acquired by the crimes, the victim of the crime of joint confinement and injury resulting from joint confinement and injury at the trial, the agreement between Defendant A and F, the victim of the crime of joint confinement and injury resulting from the crime of joint confinement and injury in the trial, the agreement between Defendant A and the victim of the crime of joint confinement and injury in the investigation process, the victim R of the crime of embezzlement and the victim of the crime of joint confinement, and the attitude of a serious reflective attitude in the records and arguments, the judgment of the court below is somewhat unreasonable, and the prosecutor’s assertion is reasonable, and the prosecutor’s assertion is without merit.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is reversed, and the judgment below is delivered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement, the choice of imprisonment), Articles 2(2) and 350(1) of the Punishment of Violences, etc. Act (the point of joint compromise, the choice of imprisonment), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of unlicensed driving, the choice of imprisonment), Article 35(1) of the Criminal Act, the point of embezzlement, the selection of fines, and the detailed details of the crime.