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Defendant
All A’s appeal and prosecutor’s appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (two years and six months of imprisonment) by the lower court is too unreasonable.
B. The Prosecutor’s sentence (Defendant A: the above sentence, Defendant B: imprisonment with prison labor for 6 months, and year of suspended execution) is too unhued and unreasonable.
2. Determination
A. The Defendant’s judgment against Defendant A committed the instant crime by using the fact that he/she was the wharf of the instant criminal organization, despite having been sentenced to four years of imprisonment due to a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) and completed the execution of sentence, which was a repeated crime period. The amount of damage caused by the instant crime of extortion reaches approximately KRW 6,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000, and00,000,
On the other hand, the defendant is in favor of the fact that he led to the confession of the crime of this case and seriously reflects the mistake.
In addition, taking into account the following factors, such as the character and conduct, the environment, the background and motive leading up to the instant crime, the circumstances after the instant crime, etc., and the sentencing conditions indicated in the theory of changes, the lower court’s sentence is not deemed to be too weak or unreasonable.
B. It is recognized that the defendants' judgment on the defendant B appears that the victims suffered from severe mental distress by threatening the victim M and P, demanding the repayment of debts for about one year, and the defendant also committed the crime of this case even though there were a large number of identical criminal records.
However, there is no record of punishment exceeding a fine after 194, as the defendant recognized the crime of this case and reflected the mistake, the defendant did not obtain economic benefits from the crime of this case, and after 194, there is no record of punishment.