공갈미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal (in original case: Two years of imprisonment);
2. The judgment was not agreed with the victim, and even after a certain case was prosecuted, the crime of causing property damage was committed repeatedly, but the motive and circumstances leading up to the crime (in conflict between the defendant and the victim as to the construction cost), the contents and result of the crime (the degree of damage to property damage and theft is difficult to be deemed serious, the attack was committed in attempted crimes, and intimidation was also reported to the police, and the contents and degree of intimidation is difficult to be deemed excessive) are considered. Considering that the defendant did not have the same type of punishment or criminal record, and other various conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, family environment, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Relevant provisions of the Framework Act on the Construction Industry concerning criminal facts and Articles 95-2 subparag. 1, 9(1) (a) of the Framework Act on the Construction Industry for the Selection of Punishment, Articles 352 and 350(1) (a), 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) (a) of the Criminal Act, Article 283(1) of the Criminal Act, Article 330 of the Criminal Act, Article 366 (a) of the Criminal Act, each of the following Articles;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;