폭력행위등처벌에관한법률위반(공동협박)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in February of one year and two, probation, and community service order 80 hours in the period of imprisonment) is too uneasy and unreasonable.
2. According to the circumstances, the Defendant’s liability is not easy considering the following: (a) the Defendant exercised a considerable threat and assault against the victims; (b) the amount of the assaulted is very large; and (c) the Defendant appears to have earned a considerable operating profit due to the violation of
However, it is also recognized that the circumstances to consider the defendant, such as the fact that the defendant made efforts to recover damage by depositing part of the damage amount to some victims, and the fact that part of the crime is dead.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.