폭력행위등처벌에관한법률위반(공동협박)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants (for each of the defendants, four months of imprisonment and one year of suspended execution) is deemed to be too uneasy and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to do so. In full view of the factors revealed in the instant pleadings, the lower court’s sentencing is too unfeasible so that the lower court exceeded the reasonable scope of discretion.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.