1. Defendant BK’s appeal against the lower judgment is dismissed.

2. Defendant BM’s judgment of the lower court.

1. Summary of grounds for appeal;

A. Defendant BK’s imprisonment (two years of imprisonment, four years of suspended execution, and probation) is too unreasonable.

B. Defendant BM’s punishment (two and half years of imprisonment with prison labor and six months of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (the composition and activity of a crime organization), special violence and extortion, and six months of imprisonment with prison labor for the violation of the Employment Security Act) is too unreasonable.

C. Defendant BN’s imprisonment (two years of imprisonment) is too unreasonable.

Defendant

A Punishment of the lower court (two years of imprisonment with prison labor of the lower court, and eight months of imprisonment with prison labor of the lower court) is too unreasonable.

E. Defendant B’s imprisonment (one year and four months of imprisonment and fine of 5,000,000 won) is too unreasonable.

F. Defendant C’s imprisonment (one year of imprisonment and fine of 5,00,000 won, two years of suspended sentence for imprisonment, probation and 120 hours of community service) is too unreasonable.

2. Ex officio determination

A. On April 17, 2019, the prosecutor filed an application for changes in indictment with the initial prosecutor on April 17, 2019, and the title of the document submitted by the prosecutor on April 17, 2019 was “data submission (related to criminal records)” but the prosecutor stated the said title as “application for changes in indictment” on April 17, 2019 on the second day of the court.

Through Defendant BN’s criminal records, the part of “ sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Chuncheon District Court on January 10, 2008 and completed the execution of the sentence at the Busan Correctional Institution on April 24, 2010” was sentenced to two years and six months for the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Chuncheon District Court on January 10, 2008, but the retrial was commenced and the same court was sentenced to two years and six months on March 19, 2019, and the above judgment became final and conclusive on March 27, 2019.” The part of the applicable provisions of Article 35 of the Criminal Act with respect to Defendant BN was deleted.