폭력행위등처벌에관한법률위반(공동공갈)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (hereinafter “Defendant A”: imprisonment with prison labor for one year and six months; and Defendant B: fine of 15 million won) is too unreasonable.
2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court on the ground that new materials for sentencing have not been submitted at the trial court, and when comprehensively considering all the reasons for sentencing specified in the records of the instant case, the lower court’s sentencing against the Defendants was too excessive and exceeded the reasonable scope of discretion.
shall not be deemed to exist.
3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.