협박
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and probation) imposed by the court below on the defendant is deemed to be too unhued and unfair.
2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor tried to examine the applicable provisions of the Criminal Act to the defendant, and the prosecutor tried to amend the indictment to add "Article 39 of the Criminal Act" to all criminal facts, and "the defendant was sentenced to imprisonment with prison labor for the crime of interference with business, etc. at the Jung-gu District Court on November 23, 2015 and two years of suspended execution, and the judgment became final and conclusive on December 1, 2015," respectively. Since this court permitted this, the judgment of the court below, which is based on the original facts charged, cannot be maintained any further.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is reversed and it is
Criminal facts
The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: "the part of the defendant's court statement" in the summary of the evidence of the judgment below and "1.1. The defendant's court statement" and "the defendant's court statement" in the first head of the judgment of the court below shall be changed to "the defendant's court statement" and "the first head of the judgment of the court below shall be subject to imprisonment with prison labor on November 23, 2015, with prison labor for the crime of interference with business, etc., and the judgment on December 1, 2015 became final and conclusive on December 1, 2015."
Application of Statutes
1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act, Article 283 of the Criminal Act concerning criminal facts.