특수협박등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
1. The court below sentenced the dismissal of prosecution on the charge of assault among the facts charged in the instant case, and sentenced the remaining facts charged guilty.
However, since the defendant and the prosecutor appealed only the guilty part on the grounds of unfair sentencing, and the dismissal of the above dismissal part is separated and finalized as it is, the above dismissal part is excluded from the scope of the judgment in this Court.
2. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The lower court’s above sentence is too unhued and unreasonable.
3. In light of the nature and method of each of the crimes in this case, it is necessary to punish the defendant as to the crime of obstruction of performance of official duties in consideration of the necessity of strict punishment for the crime of obstruction of official duties.
However, the defendant seems to have been living in good faith without any specific punishment power for the past ten years. Considering that all the facts of the crime of this case were committed in violation of his depth and were committed, the victims did not want to be punished against the defendant, and that the defendant was suffering from being in prison life near about five months, and that he was in mind of criminal punishment. As to the defendant, more than being detained in prison for a long time than being isolated in society for a longer period of time, supervision and guidance of probation officers shall be given to the defendant and guidance so that he does not return to society and does not reach recidivism, the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat weak.
It is judged that it is too unreasonable rather than that.
4. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is made in accordance with Article 364 (6) of the Criminal Procedure Act.