공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The judgment of the court below is not good that the defendant committed the crime of this case; the defendant's records of punishment for the same criminal records are disadvantageous to the defendant; the defendant confessions the crime of this case; part of the crime of this case is several times; the victim C does not want the punishment of the defendant in the trial; the defendant deposited 1.5 million won in the trial of the court of the case for the recovery of the victim's damage; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, circumstance, means and result of the crime of this case; circumstances after the crime of this case, family relations, etc., the defendant's punishment sentence imposed by the court of the court below is unreasonable. Thus, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act (the points of conflict, the choice of imprisonment), Articles 352 and 350 (1) (the attempted crime, the choice of imprisonment) of the Criminal Act concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;