폭력행위등처벌에관한법률위반(공동공갈)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneasible and unreasonable.
2. Determination
A. In light of the fact that there exists an area unique to the first instance court regarding sentencing determination under the Korean Criminal Procedure Act, and the ex post facto nature of the appellate court, it is reasonable to respect the first instance court’s sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not exceed the reasonable scope of discretion.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)
The circumstances favorable to the Defendant are the following: (a) the Defendant recognized the instant crime; (b) the victim G, and agreed with L; (c) the victim G appears to have actually repaid the damages; and (d) the remaining victims expressed their intent not to seek punishment for the Defendant after the lapse of time; and (c) the fact that the Defendant appears not to have good health status.
On the other hand, the crime of this case is likely to be committed by intimidation as if it were to be committed by taking advantage of the medical points of the victims known to him/her, and it is not good that the crime of this case is committed by deceiving approximately KRW 70 million from the four victims, and the defendant is a person who planned and carried out the crime of this case by providing the medical points of the victims, and is a person who has acquired KRW 32 million out of the proceeds.
This is disadvantageous to the defendant.
In addition, considering the conditions of various sentencing as shown in the instant pleadings, such as sentencing against accomplices, age, character, conduct and environment, health, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed that the sentence imposed by the defendant is too heavy or unreasonable. Thus, the above arguments by the defendant and the prosecutor are all asserted.