공갈미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months and a fine of 600,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment and a fine of six hundred thousand won) is too unreasonable.
2. In light of the frequency of each of the instant crimes, the form and method of the act, the circumstances after the commission of the crime, etc., the Defendant’s liability for the crime is not less than that of the Defendant, and the Defendant’s records of having been punished several times as the same crime are disadvantageous to the Defendant.
However, the defendant appears to have accepted and divided all of the crimes of this case, and the victims do not want punishment against the defendant by mutual consent with the victims, and each attempted crime of this case is favorable to the defendant.
In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Relevant Article of the Criminal Act, Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act, Articles 352 and 350(1) of the Criminal Act (the point of attempted threat, the choice of imprisonment with prison labor) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;