폭력행위등처벌에관한법률위반(공동공갈)등
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants to the punishment (for each of 8 months of imprisonment and confiscation) is improper because it is too unreasonable.
Judgment
The crime of the instant joint conflict was committed by the Defendants through intimidation of the victims’ criminal conduct, and the nature of the crime is not good. Defendant A was detained on suspicion of the attack (the Seoul Central District Court 2014 order 5878 order 2014 order hereinafter referred to as “the instant crime of the attack”) and was committed under the leading and planned control of the instant crime. The Defendants were sentenced to suspended sentence on January 25, 2013 on the following grounds: (a) the Defendants committed a violation of the Act on the Protection, Use, etc. of Location Information by the Seoul Central District Court 2012 order 6941 order 201 order hereinafter referred to as the “Act on the Protection, Use, etc. of Location Information; and (b) the said judgment became final and conclusive on February 2, 2013.
Although the power of the Defendant was sentenced, it is unfavorable for the Defendants to search for another’s private life or acquire and provide another’s personal information collected by unlawful means while operating the same without permission of the same trade name during the period of suspension of execution.
However, the defendants recognized the crime of this case and violated the principle of good faith, the fact that the defendants agreed with the victim of the crime of joint attack (the court records No. 235 through 239 of the trial records), the profits gained while operating an unauthorized entertainment center are not much high, and the defendant A should take into account equity with the case of judgment at the same time with the crime of public conflict finalized by the judgment, etc., and the fact that the family members of the defendants want to take advantage of the defendant's wife and maintain family ties.
In addition, there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the sentencing conditions specified in the records and arguments of this case, such as the defendants' age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime.