공갈등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
, however, for two years from the date this judgment becomes final and conclusive.
1. The defendant asserts that the summary of the grounds for appeal is too unreasonable since the punishment sentenced by the first and second court (the first court's judgment: two years of probation, probation, community service order 120 hours, 40 hours, and 40 hours of the second court's judgment: suspended execution in June, two years of probation, probation, community service order 120 hours, and 40 hours of the order) declared by the court below is too unreasonable, and the prosecutor asserts that the sentence sentenced by the first court below is too uneasible.
2. Examining ex officio prior to the determination of the grounds for appeal of unfair sentencing by both parties of the judgment on authority, the defendant was concurrently tried and examined each appeal case in the trial as the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance. The facts constituting the crime of each judgment of the court below should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act as follows, and in this respect, the judgment of the court below cannot be maintained.
3. Accordingly, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio exist, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to each corresponding column of each judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 350(1) of the Criminal Act (a point of conflict), Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, the choice of imprisonment for the crime
2. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act shall apply.