특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and 120 hours of community service) is too unreasonable.
2. Before the judgment on the grounds for ex officio appeal, the prosecutor examined the case in question, and the prosecutor applied for changes in the name of the crime in this case and the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged, “Special Intimidation” under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act, “Article 284 and Article 283(1) of the Criminal Act” under the applicable law, “Article 283(1) of the Criminal Act” as “Article 284 and Article 283(1) of the Criminal Act,” and the judgment below was no longer maintained due to the change in the subject matter of the judgment.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
【Grounds for another judgment】 The criminal facts against the defendant recognized by the court and the summary of the evidence and the summary of the facts constituting the crime of the court below are identical to the facts stated in the corresponding column of the court below, except for the modification to "1. special intimidation" as stated in the facts constituting the crime of the court below. Thus, they shall be cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) interference with the performance of official duties [decisions] types of interference with the performance of official duties, interference with the performance of official duties, and Category 1 (Interference with and Forced Performance of Official Duties) (decisions in the sphere of recommendations).