공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a maximum term of one year and a short term of eight months.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, two years of probation, 80 hours of community service, and 80 hours of psychology and treatment) is too unfford and unreasonable;
2. The defendant's confession of the crime of this case and reflects his mistake in depth, and the fact that the defendant is still a juvenile is a favorable condition to the defendant.
However, considering the fact that the defendant constantly threatened victims, in particular, the victim of the crime of violence, violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and intimidation had attempted suicide immediately after being threatened, and the victim seems to have suffered from extreme mental suffering due to the continuous crime of the defendant, the defendant did not receive a letter from the victims, and the defendant had a record of being subject to juvenile protection twice due to special larceny, violence, etc., the punishment imposed by the court below is somewhat unreasonable, and thus, the prosecutor's assertion of unfair sentencing is reasonable.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 260(1) and (2) of the Criminal Act, Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, the choice of punishment for a crime, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Irregularity;