폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant, who was mentally and physically weak, was in a state of mental and physical weakness at the time of committing the remaining crimes except the attempted crimes among the judgment of the first instance court and the second instance judgment.
B. Each sentence sentenced by the court below (the court below's judgment of 1: imprisonment with prison labor of 1 year and 6 months; fines of 2 million won; imprisonment with prison labor of 3 months); and imprisonment with prison labor of 6 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this court decided to hold a concurrent trial by examining each appeal case against the judgment below. In addition, the prosecutor changed the "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" among the names of the crimes against the defendant in the trial following the commencement of the retrial as "special intimidation" and "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" into "special intimidation", and in the applicable law, "Articles 6, 3 (1), and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, and Article 350 (1) of the Criminal Act shall be deemed to be "Article 352, Article 350-2, and Article 350 (1) of the Criminal Act," and Article 38 (2) 1 of the Punishment of Violences, etc. Act and Article 8 (1) 2 (2) of the Criminal Act shall be sentenced to any more.
However, despite the above-mentioned reasons, each of the mental and physical weakness claims against the defendant 1 and 2 in the judgment of the court below is still subject to the judgment of the court of this case, and this is examined.
3. Judgment on the assertion of mental and physical weakness
(a) the means and methods of the above crime as shown in the record concerning the remaining crimes except for the attempted crimes in the judgment of the first instance, and the behavior of the defendant before and after the crime;