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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The punishment of the court below (two years of imprisonment) is too unreasonable.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
The fact that the defendant fully recognized the crime of this case and reflected, and that the defendant was not led to the crime of attempted joint conflict and the crime of joint conflict, is favorable to the defendant.
On the other hand, the act of joining a criminal organization is highly dangerous due to the violence and collective nature of the criminal organization, and the criminal acts of this case committed by the defendant in collusion with B, D, and C in collusion with the victim K as a sex offender and in order to withdraw a large amount of money, it is not very good that the crime is committed by threatening C again in collusion with B and D, and committing the crime of this case, and the defendant committed the crime of this case during the suspension of execution of 2 years of imprisonment with prison labor for 8 months for the crime of violation of the Punishment of Violences, etc. Act (joint injury) and is disadvantageous to the defendant.
As above, comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable to the extent that it is recognized that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.
Therefore, the Defendant and the prosecutor’s argument of unreasonable sentencing cannot be accepted.
Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.